Scorpion, “Ticker” (Season 2, Ep. 19) (3/14/16): Deceptive solicitation (MR 7.3, MR 4.1)

Contributed by Eric Ziegel

Walter O'Brien (Elyes Gabel) is in a hospital waiting room. He is approached by a white-coated man who inquires about his condition.  With careful prompting O'Brien says, "You're a lawyer," which Heywood Morris (Horatio Sanz) believes then permits him to solicit the client (handing him a card, etc.). 

This violates MR 7.3, notwithstanding Morris's claims to the contrary. He initiated contact deceptively, violating MR 4.3 (contact with an unrepresented person) and MR 4.1(b) (failing to disclose a material fact - namely, that he is a lawyer). None of the solicitation exceptions apply.

The show is set in California which has a similar anti-solicitation rule (California Rule of Professional Conduct 1-400). Comment 4 states tthat communications regarding availability for professional employment are presumed to violate this rule.