RULE 7.3 Direct Contact With Prospective Clients [revisions to 1990 Rule are indicated as follows: text deleted from the 1990 Rule is shown by ~~strikethrough~~; additions to the 1990 Rule are shown in red]

~~Except as provided in this Rule 7.3, or as permitted by Rule 7.2,~~ aA lawyer shall not~~, directly or through a representative,~~ by in‑person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for doing so is the lawyer's pecuniary gain, unless the person contacted:

(1) is a lawyer; or
(2) has a family, close personal, or prior professional relationship with the lawyer.

. ~~The term "solicit" means contact with a person other than a lawyer in person, by telephone or telegraph, by letter or other writing, or by other communication directed to a specific recipient.~~

~~(a) Except as provided in Rule 7.3(b), a lawyer may initiate contact with a prospective client for the purpose of solicitation in the following circumstances:~~

~~(1) if the prospective client is a relative, or a close friend of the lawyer, or a person with whom the lawyer or lawyer's firm has had a prior professional relationship;~~

~~(2) by letters or advertising circulars, providing that such letters and circulars and the envelopes containing them are plainly labeled as advertising material; or~~

(3) under the auspices of a public or charitable legal services organization or a bona fide political, social, civic, charitable, religious, fraternal, employee or trade organization whose purposes include but are not limited to providing or recommending legal services.

(b) ~~In no event may a~~A lawyer shall not solicit professional employment from a prospective client by written, recorded or electronic communication or by in‑person, telephone or real-time electronic contact even when not otherwise prohibited by paragraph (a), if:

(1) the prospective client has made known to the lawyer a desire not to be solicited by the lawyer; or

~~(1)~~ ~~the lawyer reasonably should know that the physical or mental state of the person is such that the person could not exercise reasonable judgment in employing a lawyer;~~

~~(2)~~ ~~the lawyer knows that the person solicited does not desire to receive a communication from the lawyer; or~~

(c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words "Advertising Material" on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1) or (a)(2).

(d) Notwithstanding the prohibitions in paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer that uses in‑person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan.