(1) Except as permitted by section 13-21-301 (3) or 10-3-1104 (1)(h), no person shall engage in solicitation for professional employment or for any release or covenant not to sue concerning personal injury or wrongful death from an individual with whom the person has no family or prior professional relationship unless the incident for which employment is sought occurred more than thirty days prior to the solicitation.
No person shall accept a referral for professional employment concerning personalinjury or wrongful death from any person who engaged in solicitation of an individual with whom the person had no family or prior professional relationship unless the incident for which employment is sought occurred more than thirty days prior to the solicitation.
As used in this section, "solicitation" means an initial contact initiated in person,through any form of written communication, or by telephone, telegraph, or facsimile, any of which is directed to a specific individual, unless requested by the individual, a member of the individual's family, or the authorized representative of the individual. "Solicitation" shall not include radio, television, newspaper, or yellow pages advertisements.
Any agreement made in violation of this section is voidable at the option of theindividual suffering the personal injury or death or the individual's personal or other authorized representative.
Source: L. 2017: Entire article added with relocations, (SB 17-227), ch. 192, p. 700, § 1, effective August 9.
Editor's note: This section is similar to former § 12-5-115.5 as it existed prior to 2017.