APRIL 2024 | 81 THE OKLAHOMA BAR JOURNAL acting in a fiduciary capacity seeking a supplier of legal services for others who may, if they choose, become prospective clients of the lawyer. Under these circumstances, the activity which the lawyer undertakes in communicating with such representatives and the type of information transmitted to the individual are functionally similar to and serve the same purpose as advertising permitted under Rule 7.2. [7] The requirement in 7.3(c) that certain communications be marked “Advertising Material” does not apply to communications sent in response to requests of potential clients or their spokespersons or sponsors. General announcements by lawyers, including changes in personnel or office location, do not constitute communications soliciting professional employment from a client known to be in need of legal services within the meaning of this Rule. [7] Communications authorized by law or ordered by a court or tribunal include a notice to potential members of a class in class action litigation. [8] Paragraph (d) (e) of this Rule permits a lawyer to participate with an organization which uses personal contact to solicit enroll members for its group or prepaid legal service plan, provided that the personal contact is not undertaken by any lawyer who would be a provider of legal services through the plan. The organization must not be owned by or directed (whether as manager or otherwise) by any lawyer or law firm that participates in the plan. For example, paragraph (d) (e) would not permit a lawyer to create an organization controlled directly or indirectly by the lawyer and use the organization for the in-person or telephone person-to-person solicitation of legal employment of the lawyer through memberships in the plan or otherwise. The communication permitted by these organizations also must not be directed to a person known to need legal services in a particular matter, but is to must be designed to inform potential plan members generally of another means of affordable legal services. Lawyers who participate in a legal service plan must reasonably assure that the plan sponsors are in compliance with Rules 7.1, 7.2 and 7.3(b) (c). See 8.4(a). ETHICS COUNSEL FIND MORE MEMBER BENEFITS AT WWW.OKBAR.ORG/MEMBERBENEFITS OKLAHOMA BAR ASSOCIATION You make a difference. Member benefits make it easier. BAR Benefits DID YOU KNOW? The ethics counsel is available to assist members with ethical questions and inquiries on subjects such as conflicts, confidentiality and client concerns. All contact with ethics counsel is confidential per Oklahoma law. The ethics counsel also presents CLE programs on ethics and professionalism. CONTACT Richard Stevens, OBA Ethics Counsel www.okbar.org/ec | richards@okbar.org | 405-416-7055
RkJQdWJsaXNoZXIy OTk3MQ==