Bill Text: NJ A2052 | 2014-2015 | Regular Session | Introduced
Bill Title: Places certain limitations on attorney solicitation letters.
Sponsorship: Partisan Bill (Democrat 3)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Judiciary Committee [A2052 Detail]
Download: New_Jersey-2014-A2052-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman ANGEL FUENTES
District 5 (Camden and Gloucester)
SYNOPSIS
Places certain limitations on attorney solicitation letters.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain solicitations by attorneys and supplementing Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In addition to any other requirements of the Rules Governing the Courts of the State of New Jersey, an attorney shall not send any written communication soliciting professional employment on the attorney's own behalf to a person whose name, address, or other personal information was obtained from a public record such as a police report, accident report, or court record unless the outside envelope contains no text other than:
(1) the names and addresses of the sender and recipient; and
(2) the word "ADVERTISEMENT" prominently displayed in capital letters.
b. This act shall not apply to any solicitation through advertising which is not directed to a specific person.
c. A violation of this section is a petty disorderly persons offense. A person who commits a second or subsequent offense is guilty of a disorderly persons offense.
2. This act shall take effect immediately.
STATEMENT
This bill places certain limitations on attorney solicitation letters. Accident victims, drivers who are issued traffic tickets, and other persons who have minor involvements with the court system may receive numerous solicitations in the mail from attorneys seeking clients. The attorneys obtain these people's names, addresses, and other personal information through public information sources such as police reports and court records.
Many New Jersey residents who have received such letters have complained that they are intrusive and unnecessarily alarming. Residents have taken particular offense with certain statements written on the outside envelopes, such as "Important information about your upcoming court case!"
This bill would limit the text that could appear on these envelopes. The bill provides that, in addition to any other requirements of the Court Rules, an attorney could not send any written communication soliciting professional employment on the attorney's own behalf to a person whose name, address, or other personal information was obtained from a public record such as a police report, accident report, or court record unless the outside envelope contains no text other than:
(1) the names and addresses of the sender and recipient; and
(2) the word "ADVERTISEMENT" prominently displayed in capital letters.
The bill would not apply to any solicitation through advertising which is not directed to a specific person.
Under the bill, a violation would constitute a petty disorderly persons offense (punishable by a term of imprisonment of up to 30 days or a fine of up to $500, or both). A second or subsequent violation would constitute a disorderly persons offense (punishable by a term of imprisonment of up to six months or a fine of up to $1,000 or both).
