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JM_Nano
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solicitation
« on: Oct 13th, 2006, 8:52am »
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If a registered patent agent or attorney contact a company for job searching in their legal department, can this be considered as "solicitation"?  Should not be, right? In what situation  need to worry about "solicitation"?
 
 
§ 10.33 Direct contact with prospective clients. A practitioner may not solicit professional employment
from a prospective client with whom the practitioner
has no family or prior professional relationship, by mail, in-person, or otherwise, when a significant motive for the practitioner’s doing so is the practitio-ner’s pecuniary gain under circumstances evidencing undue influence, intimidation, or overreaching. The term “solicit” includes contact in person, by telephone or telegraph, by letter or other writing, or by other communication directed to a specific recipient, but does not include letters addressed or advertising circulars
distributed generally to persons not specifically known to need legal services of the kind provided by the practitioner in a particular matter, but who are so situated that they might in general find such services useful.
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Jonathan
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Posts: 611
Re: solicitation
« Reply #1 on: Oct 13th, 2006, 10:01am »
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I believe 10.33 applies if you are contacting a person in that legal department in an attempt to establish him/her and their organization as a client but you had no prior relationship with them.
 
So, trying to be hired by that person as an employee of their organization will not violate 10.33.
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Isaac
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Posts: 3472
Re: solicitation
« Reply #2 on: Oct 13th, 2006, 11:40am »
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Looking at it another way, I don't believe that contacting an attorney or other member of a legal department would very often involve "evidencing undue influence, intimidation, or overreaching."
 
 
 
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Isaac
Justin
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Re: solicitation
« Reply #3 on: Oct 13th, 2006, 3:01pm »
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I don't think 10.33 applies in employment settings where you aren't contacting a prospective client anyways.
 
But if it did, the "undue influence, intimidation, or overreaching" prong saves you anyways.  
 
I think this is comparable to restricting ambulance chasers to a 30 day waiting period after a serious accident to send out letters etc.
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