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I am a judicial advocate seeking justice for ALL. I love writing about Alabama legal flaws and corrupt decision making. I am ONLY here to inform the public. I can only help those who want to help themselves. If you are someone who wants and believes in speaking out against judicial corruption, then by all means do so.

Shawn Alexander

Shawn Alexander

He's Only "8", but you are NEVER too young to learn politics!!

He's Only "8", but you are NEVER too young to learn politics!!

Monday, October 12, 2009

Should Attorney's Solicit Clients In Court?

Not a good idea when in fact you know that person already has an attorney. So you are listening to their case in open court and you feel you can do a better job at winning their case or perhaps you want the money. What happens to these rules on Alabama legal Ethics when Chilton County, Alabama Attorney's are soliciting clients from the court rooms; 7.1:230 Creating Unjustifiable Expectations Promising or representing the amount of potential damage awards, the lawyer's record in obtaining favorable verdicts and advertisements containing client endorsements can create unjustified expectations. An advertisement of damages awarded in previous representations without reference to specific facts and circumstances is likely to generate the expectation that similar results can be achieved in every case. (Ethics Opinion RO-90-61). Additional factors besides the lawyer's skill contribute to the result in any case so that claims based on results are especially misleading. (Ethics Opinion RO-93-08). Thus, the focus is not whether the facts are true but whether their inclusion could create an unjustifiable expectation by a lay person. (Ethics Opinion RO-93-08). It is ethically permissible for a firm to include in its advertisement that one of its attorneys was a former district and circuit judge because historically correct information regarding an attorney's holding of public or quasi public offices, scholastic distinctions, military services, have been permitted. (Ethics Opinion RO-89-01). 7.1:240 Comparison with Other Lawyers Generally, a communication is viewed as false or misleading if it compares the qualities of a lawyer's service with the quality of other lawyer's services. Further, lawyers are precluded from advertising themselves as specialists in a particular field unless they satisfy the parameters of ARPC Rule 7.4. 7.3:300 Improper Solicitation Improper solicitation includes communication aimed at specific persons only if it fails to meet certain requirements. Written communications are not restricted to the same extent as other forms of communication because they generally present less potential for abuse. Lawyers are generally prohibited from sending written communications to prospective clients (1) when the communication relates to an action for personal injury or wrongful death and is sent within thirty (30) days of the accident to a person potentially involved in such a claim, (2) when the lawyers are aware or should be aware that the person has already obtained counsel. Why would the attorney approach anyone in court who in fact they know already has an attorney? They don't care about Ethics and that is why they are conducting themselves in an unethical manner. We cannot just fault the Attorney's when in fact the judges are violating Ethics as well. When Attorney's are seeing an officer of the court acting unethical they follow in his/her footsteps without a care in the world to who they hurt in the process. It is a sick twisted way for these individuals to act; they sit in court, pat each other on the back, and of course scratch each others ass. If you do not want things to be made personal then don't make them personal and do the damn job you are being paid to do. http://www.law.cornell.edu/ethics/al/narr/al_narr_7.htm