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. My name is joan, I live in United kingdom..I am here to say a big thank you to Dr odun for helping me and making me smile again, after reading a lot of testimonies about Dr odun i wrote him and told him to help me restore my marriage as my home have been scattered for 3yrs now, He replied my email and told me to send my pic and my husband pic and some other things, which i did and he said he will be done in 48hrs, with hope i slept and on the 3rd day Nathaniel called me and asked if i could pack my things to his place and forgive him, i was shocked and this is how dr odun helped me in restoring my. home Contact him: drodunhealinghome@aol.com or his website on drodunhealinghome.webs.com

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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