It is no secret that lawyers use advertising as a means of attracting new clients. People often refer their friends to lawyers that they have experience using. For instance, if your friend is involved in a car accident, you may refer them to a Las Vegas car accident lawyer who did a great job of handling your car accident claim.
However, some scenarios cross the line and become illegal. If an attorney engages in illegal solicitation, who knows what other types of unethical or illegal behavior they might engage in. More than likely, it would be a good idea to avoid that attorney altogether. Dive into all the details below to learn more about what is considered illegal solicitation in Nevada.
How Do Most Lawyers Get New Clients?
Lawyers use several tactics to try and obtain new clients. Some law firms have entire marketing teams that put together strategies for maintaining a steady flow of new clients. In general, there are three ways of getting new clients.
Advertising
Most lawyers use some form of advertising to help attract new clients.
Some of the most common advertising methods today include:
- TV ads
- Radio ads
- Social media
- Legal directories
- Billboards
- Website
According to the Nevada Rules of Professional Conduct, attorneys may advertise their services. However, there are strict rules that must be followed. For example, copies of any advertisements must be provided to the Nevada State Bar, and attorneys must be very careful not to create misleading ads.
Referrals
Word-of-mouth is one of the oldest lead generation strategies in existence. When someone is pleased with a service, they will often tell their friends and family about their experience. Previous clients are a great source of new clients for many attorneys. However, an attorney cannot pay a referral fee to a non-lawyer.
Additionally, many lawyers join referral networks and refer cases to other firms all over the country. The Nevada State Bar even has a Lawyer Referral Service to help connect clients with lawyers who can handle their matter.
Solicitation
Solicitation is when a lawyer has direct contact with someone who is known to need legal services. Rule 7.3 of the Nevada Rules of Professional Conduct expressly prohibits this behavior. The rule states that “a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, by mail, in person or otherwise, when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain.”
An exception to this rule does allow lawyers to send mail directly to prospective clients. However, they must wait 30 days after the incident that caused them to need legal services. The mail also must be clearly marked as an advertisement.
What Is “Capping” & Is It Illegal?
Some lawyers try to skirt the rules by having another person contact prospective clients for them. For instance, imagine a personal injury lawyer who partners with tow truck drivers or ambulance drivers to refer clients to the lawyer. Now, imagine you are involved in a truck accident, and the ambulance driver at the scene tells you to contact a specific lawyer.
This practice is known as capping, and this is illegal under Nevada law. Soliciting a victim’s family member or guardian can also count as capping, and this should be avoided. There are plenty of ethical ways to attract new business, so lawyers should not be engaging in these unethical and illegal behaviors.
What’s The Difference Between Capping and a Referral?
The biggest difference between capping and a referral is the fact that money is illegally given to a non-lawyer. With capping, the lawyer is giving a non-lawyer a kickback or referral fee for new clients. Nevada law expressly prohibits this type of conduct.
However, lawyers may pay referral fees to other lawyers or referral networks. These agreements are fully transparent, and the client is made aware of these situations. However, when capping takes place, the client does not know that the person referring them is being paid by the lawyer.
When you are getting ready to hire a personal injury lawyer or some other type of lawyer, make sure you do your research. Be cautious of relying on referrals from people that you do not know personally. Remember that lawyers who engage in illegal behavior to get new clients might not be the best choice to handle your case appropriately.
Contact Our Las Vegas Personal Injury Law Firm For Help Today
If you’ve been injured in Las Vegas, NV, and need legal help contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV. 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV. 89145
(702) 297-6373
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV. 89123
(702) 997-4264
