MBE Rules · Professional Responsibility
Runners and Cappers
Bus. & Prof. Code §§ 6151-6152
The rule
Paying nonlawyer agents to solicit clients at accident scenes, hospitals, or jails is a crime and discipline ground; lawyers are responsible for solicitation schemes conducted through intermediaries.
In plain English
Lawyers cannot pay nonlawyers to solicit clients for them, especially in sensitive locations like accident scenes or hospitals. If a lawyer uses someone else to do this, they are still held responsible for that solicitation.
Worked example
A lawyer hires a nonlawyer to approach potential clients at a hospital and offer legal services after an accident. The nonlawyer successfully brings in several clients, but the lawyer faces disciplinary action for violating solicitation rules. As a result, the lawyer is sanctioned for the improper solicitation scheme.
Memory hook
No middlemen in legal solicitation—lawyers must play fair!
The trap
Exams may present scenarios where a lawyer claims ignorance of the nonlawyer's actions, leading students to mistakenly believe the lawyer is not responsible. Remember, responsibility lies with the lawyer regardless of knowledge.
How examiners test it
Questions often involve fact patterns where a lawyer's use of nonlawyer agents is highlighted, testing the candidate's understanding of ethical responsibilities and potential disciplinary actions.
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More Professional Responsibility rules
- Duty of Confidentiality · Cal. Bus. & Prof. Code § 6068(e); Rule 1.6
- Client Trust Account — IOLTA · Cal. Rules of Prof. Conduct 1.15
- Duty to Report Misconduct · Cal. Rules of Prof. Conduct 8.3
- Unconscionable Fees · Cal. Rule 1.5
- Fee Division Among Lawyers · Cal. Rule 1.5.1
- Compensation from Third Parties · Cal. Rule 1.8.6