What Remains Highly Restricted or Impermissible for B2C

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armdrejoan
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Joined: Tue Jan 07, 2025 4:47 am

What Remains Highly Restricted or Impermissible for B2C

Post by armdrejoan »

Violations can lead to severe consequences, including hefty fines, suspension, disbarment, and significant reputational damage.

Permissibility of Telemarketing in Legal Services (2025): A Narrow Path

Given the strictures, where might telemarketing have australia phone number list a (carefully considered) place in 2025?

Business-to-Business (B2B) Outreach: This is generally the area with the most potential latitude, though ethical rules still apply.

Contacting In-House Counsel or Business Owners: Law firms might use telemarketing to introduce specialized services (e.g., corporate law, intellectual property, regulatory compliance, international trade law) to businesses that could reasonably benefit from them.
Invitations to Educational Events: Inviting business contacts, existing clients, or other lawyers to webinars, seminars, or legal update briefings is often acceptable.
Follow-Up with Existing Business Clients: Contacting current or former business clients about new legal developments relevant to their industry or new service offerings.
Contacting Other Lawyers:

Referrals and Co-Counsel: Telephoning other lawyers to discuss potential referrals or co-counsel arrangements on specific types of cases is generally permissible.
Offering Specialized Services: A lawyer with a niche expertise might contact other firms that could utilize those services.
Existing or Former Clients (with caveats):

Contacting past clients about new legal matters or changes in the law that might affect them is often allowed, provided it's done professionally, ethically, and is not perceived as harassment. The nature of the past representation and the new matter is important.
Explicit Consent/Opt-In:

If a prospective client has explicitly given prior express consent to be called by a law firm (e.g., by filling out a web form requesting a call), this fundamentally changes the nature of the contact from "solicitation" to a requested follow-up. However, the content of the ensuing conversation must still adhere to all ethical rules regarding truthful and non-misleading communication.
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