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. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  2. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

  3. Both sites mentioned in the article appear to be nonfunctional to date (March 28, 2017). http://indianalegalanswers.org/ returns a message stating the "server is taking too long to respond" and http://www.abafreelegalasnswers.org/ "can't find the server". Although this does not surprise me, it is disheartening to know that access to the judicial branch of government remains out of reach for too many citizens (for procedural rather than meritorious reasons) of Indiana. Any updates regarding this story?

  4. I've been denied I appeal court date took a year my court date was Nov 9,2016 and have not received a answer yet

  5. Warsaw indiana dcs lying on our case. We already proved that in our first and most recent court appearance i need people to contact me who have evidence of dcs malpractice please email or facebook nathaniel hollett thank you

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