Comments on: Cold Calling Works

By: Jeff Donner

Jeff Donner — Tue, 20 Mar 2007 15:08:49 +0000

Here is the Florida Bar Rule:
RULE 4-7.4 DIRECT CONTACT WITH PROSPECTIVE CLIENTS
(a) Solicitation. Except as provided in subdivision (b) of this rule, a lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship, in person or otherwise, when a significant motive for the lawyer’s doing so is the lawyer’s pecuniary gain. A lawyer shall not permit employees or agents of the lawyer to solicit in the lawyer’s behalf. A lawyer shall not enter into an agreement for, charge, or collect a fee for professional employment obtained in violation of this rule. The term “solicit” includes contact in person, by telephone, telegraph, or facsimile, or by other communication directed to a specific recipient and includes (i) any written form of communication directed to a specific recipient and not meeting the requirements of subdivision (b) of this rule, and (ii) any electronic mail communication directed to a specific recipient and not meeting the requirements of subdivision (c) of rule 4-7.6.
(b) Written Communication Sent on an Unsolicited Basis.
…
(too long to include the entire rule)

By: Carolyn Elefant

Carolyn Elefant — Mon, 19 Mar 2007 17:52:42 +0000

In response to reader comments, I will add that you ought to consult with bar rules prior to cold calling. When I discuss cold calling, I’m referring to calls from referrals, other attorneys (seeking conflicts work or contract work) or to introduce yourself to a potenial client, where the client is more sophisticated (for example, I don’t think there are ethics issues related to calling the president of a company where you want to do work to introduce yourself). But as commentors have pointed out, cold calls to clients soliciting representation are a no-no. As with any other marketing endeavor, read your bar rules and consult with bar counsel if questions remain.

By: Mike

Mike — Mon, 19 Mar 2007 17:02:33 +0000

By cold-calling, I assume you mean picking up the phone to solicit a potential new client. In Florida, where RJon is from, and other jurisdictions, this practice violates bar ethics rules. I suggest you put a big fat caveat to that effect on this post.
Now, that’s a different kettle of fish from cold-calling potential REFERRAL sources, especially other lawyers, in order to explore the benefits of forming a professional relationship.
FOr example, I’ve garnered a number of referrals from an attorney whose as I saw in a paper I was considering advertising in. i called him to ask about his experiences with that paper; we hit it off and refer each other business all the time now.