020121 OREO, ETH 2021-196

• Case Date: February 01, 2021
• Court: Oregon

ETH 2021-196 Formal Opinion No. 2021-196 Oregon Ethics Opinions February, 2021          Rule 7.3 Solicitation of Clients          Facts:          Lawyer represents several condominium owners in a lawsuit alleging construction defects against the builder of the condo building. Lawyer obtained the phone numbers and email addresses for every owner of a unit in the building from one of Lawyer’s clients. Lawyer mailed a flyer to every owner with information about the lawsuit and offering Lawyer’s services if the owner wanted to bring claims against the builder. The flyer included Lawyer’s office address, phone number, and email address.          One week after mailing the flyers, Lawyer called each owner whom Lawyer did not yet represent to ask if they wanted to participate in the lawsuit. Owner A told Lawyer on the phone that they did not want to participate in the lawsuit and told Lawyer “don’t bother me again!” Despite Owner A’s instruction to Lawyer not to bother Owner A again, Lawyer emailed Owner A that day and asked Owner A to reconsider, telling Owner A that they could make a lot of money by hiring Lawyer.          Questions:          1. May Lawyer mail flyers to all owners of the building?          2. May Lawyer call Owner A?          3. May Lawyer email Owner A under these facts?          Answers:          1. Yes.          2. Yes.          3. No.          Discussion:          Oregon RPC 7.3 prescribes limits on lawyer advertising and solicitation to protect the public from overreaching, coercion, duress, or harassment, while protecting the lawyer’s freedom of speech under the First Amendment to the United States Constitution and Article 1, section 8 of the Oregon Constitution.          Oregon RPC 7.3 provides:          A lawyer shall not solicit professional employment by any means when:

(a) the lawyer knows or reasonably should know that the physical, emotional or mental state of the subject of the solicitation is such that the person could not exercise reasonable

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