Direct mail restrictions

December 1, 2008
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Have you ever been in an accident and then received mail from an attorney only days later? If you have, did you find the mailing helpful or annoying? That’s what the Indiana State Bar Association wants to find out from residents regarding direct mail from attorneys following accidents. The survey of residents will ask if lawyers should have to wait 30 days until directly contacting people by mail.

Bloomington attorney Ken Nunn doesn’t like this idea. In documents he recently sent to IL reporter Michael Hoskins, who wrote a story about the survey, Nunn notes he’s probably sent as much or more direct mail than any other attorney in Indiana. One of the documents Nunn sent us is a copy of an e-mail he sent to a listserv. The gist of it is that Nunn doesn’t support the idea of a cooling-off period and instituting the 30-day ban is a restriction on attorneys’ freedom of speech.

Nunn argues there’s nothing wrong with sending free information to people right after they’ve been involved in an accident because although it’s advertising, it provides information to the public. He says the information he sends to potential clients can help prevent people from getting the short end of the stick from an insurance company, information that people might not know unless they received his mailings.

I’ve been in a few auto accidents and haven’t received anything from attorneys in the mail, probably because they were minor accidents. My reaction to receiving a direct mailing would be to just throw it away.

Nunn does bring up some good points in his argument, but in today’s litigious society, I’d be willing to bet most people who are injured in an accident that isn’t their fault already think about contacting an attorney even if they don’t get direct mail from one. The benefit of direct mail is those people will have an attorney name and number right in front of them, making it more likely for some injured people to contact that attorney instead of searching for another to represent them. If someone wants to sue, they will regardless of when they receive a direct mailer or even if they don’t receive one at all.

Do you think a cooling-off period is a good idea or unnecessary? If you’ve received direct mail from an attorney after an accident, how soon did you get it?
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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