Across Georgia, a troubling trend has quietly taken root in the legal community: many attorneys (and their “runners”) are soliciting clients in direct violation of the bar rules. Even more disturbing: the State Bar of Georgia appears to be doing little to stop it.
The Rules Are Clear — Yet Often Ignored
The rules governing attorney solicitation here are explicit:
- Under the Georgia Rules of Professional Conduct — Rule 7.3: Solicitation of Clients — a lawyer “shall not send, or knowingly permit to be sent, on behalf of the lawyer … a written communication to a prospective client for the purpose of obtaining professional employment” when the communication concerns a personal-injury or wrongful-death action arising out of an accident or disaster involving the person addressed (unless it’s been at least 30 days after the accident and the communication is in writing).
- Further, Rule 7.3(d) states a lawyer “shall not solicit professional employment … through direct personal contact or through live telephone contact, with a non-lawyer who has not sought advice regarding employment of a lawyer.”
- The Georgia advertising rule (Rule 7.2) also reminds attorneys that advertising and communications must satisfy the requirements of Rule 7.3 and that violations may result in disbarment.
In plain language: if you’ve been in a crash, or suffered an injury, and someone approaches you offering legal services before you’ve had time to reflect, especially in-person or via a “live” call and especially via someone working for the lawyer (a “runner”), that lawyer is likely crossing the line.
A Culture of Silence — and a Leadership Fracture
The real issue here is not just that the rules exist — it’s that they’re widely flouted, and apparently the enforcement is weak. Recently, Attorney Darl Champion resigned as Chair (and member) of the Bar’s “Attorney-Client Solicitation” committee, stating publicly that “We have a major problem in Georgia” with attorneys using runners and soliciting clients, and suggesting the Bar is failing to act.
His resignation is a tell-tale signal: someone inside raising the alarm, choosing to step away because he believes the system is not doing its job.
What This Means for Clients
If you are approached by a lawyer — or a person on behalf of a lawyer — immediately after an accident, hospital visit, or traumatic event, you should take pause:
- That lawyer, or their agent, may have violated the ethical rules by soliciting you.
- If a lawyer is willing to break these basic solicitation rules to sign you up, what does that say about how they handle your case, fees, or communications later?
- You could find yourself entering into a relationship with a lawyer whose business practices are at the edge of (or beyond) the ethical line.
Georgia Deserves Better
The public, especially those in vulnerable moments, deserve attorneys who earn their business by reputation, skill, and professionalism — not by aggressive in-person recruiting or third-party runners. The fact that the Bar’s own committee chair felt compelled to resign in protest suggests the architecture of enforcement is failing.
Until the State Bar of Georgia steps up — investigates swiftly, disciplines boldly, and ensures the rules mean something — citizens must protect themselves. If someone shows up at your bedside in a hospital or calls you while you’re still shaken from an accident, walk away. Ask questions. Verify credentials. Choose a lawyer who doesn’t need to chase you down.
