Carlson’s Ethics Refresher #31

Carlson’s Ethics Refresher
Carlson’s Ethics Refresher

QUESTION:

Five years ago your law firm prepared an estate plan for a client. Legislation was recently passed that requires changes in the client’s estate plan. May you contact the former client by telephone and suggest that she schedule an appointment with you?

A. Yes. An attorney may solicit professional employment by telephone if the person contacted is a former client.
B. No. An attorney may not solicit professional employment by telephone.
C. Yes. Solicitation of professional employment by telephone is not considered to be in-person contact by the Rules of Professional Conduct.
D. No. Former clients may be contacted by telephone only within four years of the representation.

ANSWER: A

Nebraska Court Rule of Professional Conduct §3-507.3(a)(2) permits lawyers to make direct contact with former clients for the purpose of soliciting professional employment.

Prepared by the Counsel for Discipline of the Nebraska Supreme Court. If you have a question about your ethical responsibilities, contact the Office of the Counsel for Discipline at 402-471-1040 or 877-504-0967.