Legal Question in Civil Litigation in Arkansas

Legal Representation intitiated by Attorney not client

A person who is nearly 90 years old is called by a lawyer on the advice or influence of a friend of the person for the purpose of the lawyer to represent them. The 90 year old person never made a call to the lawyer or to the friend. Is there any violation of Professional Ethics by the lawyer on this and/or can anything legally be done to hold the lawyer accountable?


Asked on 4/10/02, 10:44 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Legal Representation intitiated by Attorney not client

If the solicitation was for a personal injury case, it may very well be a violation of the rules of professional conduct, and, if so, not only may the contract be deemed void and legally unenforceable, but the lawyer may also be forced to disgorge any attorney's fee earned on the matter. Contact the Florida Bar and explain the facts and circumstances so the Bar can give you some further guidance at no charge to you. Good luck.

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Answered on 4/16/02, 9:53 pm
David Slater David P. Slater, Esq.

Re: Legal Representation intitiated by Attorney not client

Calling someone to solicit business is not prohibited. However, if undue influence was used by the attorney against this 90 year old any agreement could be set aside.

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Answered on 4/11/02, 8:21 am


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