WEST VIRGINIA'S CURRENT RULE 7.3

Rule 7.3. Direct contact with prospective clients.

(a) A lawyer shall not by in-person or telephone contact solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship when a motive for the lawyer's doing so is the lawyer's pecuniary gain.

(b) A lawyer shall not solicit professional employment from a prospective client by written or recorded communication or by in-person or telephone contact even when not otherwise prohibited by paragraph (a), if-

(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or

(2) the solicitation involves coercion, duress or harassment.

(c) Every written or recorded communication from a lawyer soliciting professional
employment from a prospective client known to be in need of legal services in a particular matter shall include the words" Advertising Material" on the outside envelope and at the beginning and ending of any recorded communication and shall be maintained as required by Rule 7.2(b). (Adopted by order entered December 15. 1988. effective January 1, 1989.)

PROPOSAL FOR AMENDING RULE 7.3
TO THE W. VA. RULES OF PROFESSIONAL CONDUCT
(Approved by Committee on 12/18/00)

Rule 7.3. Direct contact with prospective clients.

(a) A lawyer shall not by in-person or telephone contact solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship when a motive for the lawyer's doing so is the lawyer's pecuniary gain.

(b) A lawyer shall not contact any prospective client to solicit professional employment by in-person or telephone contact, by personalized electronic mail, by written, recorded, or other communication addressed to, or specifically targeted at, the prospective client, no matter whether a family or prior professional relationship existed, if-

(1) The prospective client has made known to the lawyer a desire
not to be solicited by the lawyer;

(2) The solicitation involves coercion, duress or harassment;

c ) A lawyer shall not contact any prospective client to solicit professional employment by in-person or telephone contact, by personalized electronic mail, or by written, recorded, or other communication addressed to, or specifically targeted at, the prospective client if the communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person unless:

(1) the accident or disaster occurred more that 30 days prior to the mailing or use of the communication, or

(2) the lawyer has a family or prior professional relationship with the victim or the victim's family.

(d) A lawyer shall not engage or use any agent, employee, or other representative to make the communications or contacts prohibited by subsections (a), (b), and ( c ).

(e) Every written or recorded communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words" Advertising Material" on the outside envelope and at the beginning and ending of any recorded communication and shall be maintained as required by Rule 7.2(b).