California Attorney General Rob Bonta has released information addressing the ethical obligations of attorneys following the recent Los Angeles fires. In particular, he emphasized the importance of adhering to California’s Rules of Professional Conduct, specifically rules 7.1-7.3, which govern communications, advertising, and solicitation practices.
"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," Bonta stated. He urged attorneys in California to be well-versed in laws governing client solicitation following a natural disaster, emphasizing the need for ethical practice and compliance with legal standards amid the significant damage caused by the wildfires.
The State Bar of California issued a warning to the public to remain vigilant for and report potential fraudulent activity by lawyers. Chief Trial Counsel George Cardona commented, "The State Bar thanks Attorney General Bonta for his leadership in protecting Californians impacted by the wildfires. 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."
Under California law, lawyers are prohibited from soliciting clients in person or via telephone calls or other real-time electronic contact. Contact is also prohibited if the client has made it clear they do not wish to be solicited, or when the solicitation involves intrusion, coercion, duress, or harassment. Any mailed, recorded, or electronic communication offering legal services must be clearly labeled as an advertisement, both externally on envelopes and at the beginning and end of electronic communications.
The public is advised to verify the status of an attorney's license via the State Bar website and be cautious of firms demanding immediate payment of fees as a necessity for protecting legal rights following the disaster. This legal process is likely to extend over several months or even years, allowing victims ample time to choose appropriate legal representation.
For questions regarding ethical obligations or solicitation, attorneys are encouraged to contact the State Bar of California’s Ethics Hotline at 800-2-ETHICS or submit inquiries online via the Ethics webpage.