Attorney General Bonta to California Attorneys: Guidance on Solicitation Limits After L.A. Fires Is Available

OAKLAND — California Attorney General Rob Bonta today released information for the public and attorneys, about California attorneys’ ethical obligations after a natural disaster, like the Los Angeles fires this year. Attorneys with questions or concerns about these obligations should review California’s Rules of Professional Conduct (7.1-7.3) on communications concerning a lawyer’s services, advertising, and solicitation.

“As the Attorney General serving Californians, I know the great honor and privilege that working in the legal field can bring. With that great privilege, also comes great responsibility,” said Attorney General Rob Bonta. “I encourage attorneys practicing in California to familiarize themselves with laws governing client solicitation after a natural disaster or catastrophe. Given the great collective damage of the Los Angeles fires, attorneys should ensure they are practicing ethically and in compliance with the law."

The State Bar of California has also warned the public to watch out for and report potential fraud by lawyers. 

“The State Bar thanks Attorney General Bonta for his leadership in protecting Californians impacted by the wildfires,” said Chief Trial Counsel George Cardona. “During times of crisis, individuals and families are particularly vulnerable. It is critical that attorneys follow the rules regarding solicitation and advertising. We urge the public to take their time when seeking legal help, avoid rushing into agreements, and immediately report any suspected misconduct by attorneys.”

The public and attorneys should know that California law prohibits lawyers or their representatives from: 

• Soliciting clients in person or by telephone calls or other real-time electronic contact.
• Soliciting clients who have made known to the lawyer a desire not to be solicited or if the transmission of the solicitation involves intrusion, coercion, duress or harassment.
• Mailing written communications offering legal representation unless the communication is clearly labeled as an advertisement on the outside of the envelope. 
• Sending recorded or electronic communications offering legal representation unless the communication is clearly labeled as an advertisement at the beginning and end of any such communications.  

Before hiring an attorney, Californians should check the State Bar website for the status of an attorney's license to practice law and whether they have any record of discipline.  

The legal processes for a disaster of this magnitude often will take place over many months, and even years. Californians should take their time and not rush important legal decisions, including signing legal agreements. Consumers should be particularly wary of any claims that immediate payment of legal fees or other costs are necessary to protect legal rights or remedies. There is time for fire victims to ensure they are getting the best legal services possible for them and their families.

 For more information, attorneys with questions about their obligations regarding advertising and solicitation, or other ethical obligations, should contact the State Bar of California’s free and confidential Ethics Hotline: 800-2-ETHICS or 800-238-4427 or visit the Ethics webpage, where attorneys can also submit their questions via an online form.