LEO: Solicitation Letter, LE Op. 862
December 23, 1986
A solicitation letter sent to all persons recently charged with criminal offenses states that the soliciting attorney works “primarily with DUI's, traffic infractions, and criminal offenses.” The committee opines that this is not a per se statement of some limited expertise. The committee is without facts to enable it to opine as to whether or not the soliciting attorney has made a “false, fraudulent, misleading or deceptive statement or claim” as prohibited by DR:2-101.
The solicitation letter also states that “I am sure you will find that my fees are substantially lower than the normal rates of this community.” The committee opines that this statement is improper, noting that only factual assertions should be made in advertisements and personal communications. [DR:2-101, DR:2-103, DR:2-105(A); EC:2-10]
Committee Opinion December 23, 1986