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Rule 19-307.3 Direct Contact with Prospective Clients [MARPC 7.3]

(a) An attorney shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the attorney's doing so is the attorney's pecuniary gain, unless the person contacted:

(1) is an attorney; or

(2) has a family, close personal, or prior professional relationship with the attorney.

(b) An attorney shall not solicit professional employment from a prospective client by written, recorded or electronic communication or by in-person, telephone, or real-time electronic contact even when not otherwise prohibited by section (a), if:

(1) the attorney knows or reasonably should know that the physical, emotional or mental state of the prospective client is such that the prospective client could not exercise reasonable judgment in employing an attorney;

(2) the prospective client has made known to the attorney a desire not to be solicited by the attorney; or

(3) the solicitation involves coercion, duress, or harassment.

(c) Every written, recorded, or electronic communication from an attorney soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words “Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in subsections (a)(1) or (a)(2) of this Rule.

(d) Notwithstanding the prohibitions in section (a) of this Rule, an attorney may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the attorney that uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.

Cross reference: For additional restrictions and requirements for certain communications, see Md. Code, Business Occupations and Professions Article, §§ 10-605.1 and 10-605.2.