When is it permissible to solicit a wrongful death or personal injury case?

• A. Only at least 30 days after the incident.
• B. Immediately after the incident when the client is distressed.
• C. Only if the client is a close friend or relative.
• D. Never.

Answer: (B)

In New York ethics, soliciting a prospective client who has suffered a personal injury or wrongful death is tightly regulated to protect vulnerable individuals after a traumatic event. The only time a lawyer may initiate contact without a prior relationship is immediately after the incident, when the potential client is distressed, to provide information and help with pursuing a claim. This narrow exception recognizes the need to ensure injured people have access to legal resources at a moment when they’re most in need, without subjecting them to aggressive pressure.

So, soliciting right after the incident, while the client is distressed, fits that limited permitted scenario. The other options aren’t correct for this context: waiting a fixed 30-day period isn’t the controlling rule, solicitation is not categorically forbidden forever, and the rule isn’t limited only to close friends or relatives for every situation (those relationships are exempt, but they’re not the only permissible circumstance).