Attorney Able is a solo practitioner whose practice is largely in the areas of tax, wills, estates and trusts. Attorney Able learned of a new Internal Revenue Service regulation that probably affects the trust provisions in a will she prepared for Tammy Testratrix two years ago. Attorney Able has not represented Tammy Testratrix since she drew the will. Is Attorney Able subject to discipline if she calls Testratrix and advises her of the new IRS ruling and the need to revise the will?
A. Yes, if Attorney Able has any reason to believe that Tammy Testratrix has another lawyer.
B. Yes, because Attorney Able would be soliciting legal business from a person who is not a current client.
C. No, provided Attorney Able does not thereafter prepare a new will for Tammy Testratrix.
D. No, because Tammy Testratrix is a former client of Attorney Able.
Answer:D
Attorney Able is a solo practitioner whose practice is largely in the areas of tax, wills, estates and trusts. Attorney Able learned of a new Internal Revenue Service regulation that probably affects the trust provisions in a will she prepared for Tammy Testratrix two years ago. Attorney Able has not represented Tammy Testratrix since she drew the will. Is Attorney Able subject to discipline if she calls Testratrix and advises her of the new IRS ruling and the need to revise the will?
A. Yes, if Attorney Able has any reason to believe that Tammy Testratrix has another lawyer. B. Yes, because Attorney Able would be soliciting legal business from a person who is not a current client. C. No, provided Attorney Able does not thereafter prepare a new will for Tammy Testratrix. D. No, because Tammy Testratrix is a former client of Attorney Able.
Explanation: Rule 7.3 prohibits live solicitation for pecuniary gain. The Rule provides two exceptions: “unless the person contacted (1) is a lawyer or (2) has a family, close personal, or prior professional relationship with the lawyer.” MR 7.3(a)(1)-(2). Here, because she is a former client, Tammy Testratrix has a “prior professional relationship” with Attorney Able.