There is no excuse for unsafe and dangerous food products. My professional life is dedicated to holding food producers accountable for the harms and losses they cause by selling poisoned food.

But just as food producers must follow laws and regulations, so must lawyers follow their own professional rules when it comes to soliciting food safety survivors for legal representation.

All lawyers, including food safety lawyers, are required to comply with the Rules of Professional Responsibility. These rules specify what a lawyer can and cannot do in soliciting potential clients. For example, many states allow the lawyer to send a potential client a letter about the lawyer’s services, but no state allows a lawyer to directly contact a potential client. That means it is strictly forbidden for a food safety lawyer to call, visit or ask someone else to call or visit a food outbreak survivor in order to seek representation. Some lawyers try to get around this prohibition by sending out investigators or “runners” to contact potential clients under the guise of “providing information” or “offering assistance.” Whatever the alleged reason, direct or indirect contact is forbidden.

Lawyers are also prohibited from offering something of value to potential clients as an inducement for legal representation. Thus, a lawyer cannot offer goods, money, services or even offer to pay the client’s medical bills in order to induce an attorney-client relationship.

Lawyers are also required to put the client’s interests ahead of their own. For example, some lawyers rush out to find clients, so they can be first to file suit. The real purpose of this practice is usually to attract more clients rather than accomplish anything on behalf of the client for whom the suit is filed. Most ethical lawyers believe it is better to first investigate the case, obtain medical records and reports and understand the client’s losses before rushing to file suit and get publicity.

Your case is judged by the conduct of your lawyer. If he/she violates the rules, you should report the lawyer’s conduct to the Board of Professional Responsibility in the state where the lawyer practices.

Everyone – food producers, food distributors, food sellers and food safety lawyers – have to play by the rules.

Fred Pritzker has over three decades of experience representing survivors of foodborne illness and other unlawful conduct. He has collected millions of dollars on behalf of food safety victims. He is also a civil trial specialist certified by the National Board of Trial Advocacy and is a member of the American Board of Trial Advocates. Please contact Mr. Pritzker for a free case consultation by email (fhp@pritzkerlaw.com) or telephone (toll-free 1-888-377-8900).

Labels: ethics, food safety lawyer, lawsuits, lawyers, rules of professional responsibility, solicitation