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Improper Telephone Solicitation of Legal Business

7/27/2012

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This is a new one.  I received an unsolicited robocall (is there any other kind).  The recorded voice asked if I had been in an accident and wanted to talk to a lawyer.  If I wanted to, I was to press 3.  I did.  There was a screener who began asking questions I could not honestly answer.  It was a lapse of judgment not to make something up and see if I could get through.*  Unfortunately I was caught off guard and reluctant to make up a story.  

I hate to be such an old fuddy duddy, but I think this might run slightly afoul of Rule Arkansas Rule of Professional Conduct 7.3.  I understand there is a constitutional question whether the rules against direct solicitation can properly be applied to robocalls, but I'll leave that defense up to the guilty culprit responsible for this unseemly method of marketing.  

Unfortunately, I don't know if there's any way to catch the lawyer responsible (if indeed there is one).  Research on the Internet shows that the number is used by a generic telemarketer who does more than just sell legal services.

There are plenty of legitimate avenues for advertising.  Telemarketing is not one of them.  If you are solicited by a telemarketer please beware!  

Gerry

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* something like: I was killed in an accident with a drunken Penthouse Magazine delivery truck driver who got out of his truck in nothing but a scraggly beard and high heels, laughed at my corpse, poured his beer on it, and then got in a fistfight with the investigating officer.

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    Gerry Schulze

    Gerry Schulze is a lawyer in Little Rock, Arkansas and one of the members of the Arkansas Advance Sheets Study Group.  He created this webpage and blog.  We hope that in the future other members of the group will participate, but for right now, this is it.

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