Rule 16-703 NMRA
Rule 16-703. Solicitation of clients.
A. Definitions. “Solicitation” or “solicit” denotes a communication initiated by or on
behalf of a lawyer or law firm that is directed to a specific person the lawyer knows or
reasonably should know needs legal services in a particular matter and that offers to
provide, or reasonably can be understood as offering to provide, legal services for that
matter.
B. In-person, live, or real-time contact. A lawyer shall not solicit professional
employment by live person-to-person contact when a significant motive for the lawyer’s
doing so is the lawyer’s or law firm’s pecuniary gain, unless the contact is with a
(1)
lawyer;
(2)
person who has a family, close personal or prior professional relationship
with the lawyer; or
(3)
person who is known by the lawyer to be experienced with the use or
retention of related legal services.
C. Restrictions on all contacts. A lawyer shall not solicit professional employment
even when not otherwise prohibited by Paragraph B, if
(1)
the target of the solicitation has made known to the lawyer a desire not to
be solicited by the lawyer; or
(2)
the solicitation involves coercion, duress, or harassment.
D. Exceptions. This rule does not prohibit communications authorized by law or
ordered by a court or other tribunal. Notwithstanding the prohibitions in this rule, a
lawyer may participate with a prepaid or group legal service plan operated by an
organization not owned or directed by the lawyer that uses live person-to-person
contact to enroll members or sell subscriptions for the plan from persons who are not
known to need legal services in a particular matter covered by the plan.