2C:40A-4 Solicitation of professional employment, certain; regulated; terms defined; grade of offense.
1. a. No person shall solicit professional employment from an accident or disaster victim or an accident or disaster victim's relative concerning an action for personal injury or wrongful death involving that accident or disaster victim for a period of 30 days after the date on which the accident or disaster occurred.
b.Subsection a. of this section shall not apply if the accident or disaster victim, or his relative, as the case may be, had a previous professional business relationship with the professional.
c.Subsection a. of this section shall not apply to recommendations or referrals by past or present clients or patients, friends, relatives or other individuals relying on the reputation of the professional, provided the recommendation or referral is not made for value.
d.Subsection a. of this section shall not apply to any solicitation through advertising which is not directed to the victim or victims of a specific accident or disaster.
e.Subsection a. of this section shall not apply to emergency medical care.
f.For the purposes of this section:
"Professional employment" means services rendered by a physician, chiropractor or other health care professional.
"Solicit" means to contact a person with a request or plea, which is made in person, by telephone or other electronic medium.
g.A person who violates the provisions of this section, and who acts with intent to accept money or something of value for his services, shall be guilty of a crime of the third degree.
L.1999,c.325,s.1.
2C:40A-5 Additional penalty for attorneys; grade of offense.
2.In addition to any other sanction that may be imposed by the Supreme Court, an attorney who violates the Rules of Professional Conduct promulgated by the Supreme Court of New Jersey by contacting an accident or disaster victim or an accident or disaster victim's relative, using means other than written communication, to solicit professional employment on the attorney's own behalf, and who acts with intent to accept money or something of value for his services, shall be guilty of a crime of the third degree.
L.1999,c.325,s.2.
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Last modified: October 11, 2016