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Alabama Criminal and Traffic Leads and Direct Mail

The leads: We collect criminal and traffic data for all Alabama counties. 

Types of service: We have two types of service: the Traditional Service and the Full Service.

With the Traditional Service, we collect leads on newly filed Alabama criminal and traffic cases. We filter these leads according to your specifications in terms of the counties you are interested in, the types of charges (cases) you are interested in, and your general marketing strategy. We then send you a spreadsheet containing these leads. You only pay for the leads we send you and we only send you the leads that you want. We can filter the leads by charge/offense, zip codes, cities/towns where the defendant lives, and just about anything else that you want. In addition, we also offer a free mail merge service. If you email us your letters, we will keep them on file, and then each day, Monday through Friday, we will mail merge the leads into your letters and then email you the already mail merged letters, ready for printing. We can also perform free mail merge into labels. Just email us the brand name and number of labels that you use and then we can set up a label template. Each day, Monday through Friday, we will mail merge the leads into the labels, and email you the mail-merged labels, which will be ready for you to print at your office.

For the Full Service, we handle the entire process for you, from collecting the newly filed Alabama criminal and traffic cases (the leads), filtering them to your specifications by type of charge/offense and anything else that you request. We then print your envelopes and letters in full color and mail off your mail pieces (advertisements). We mail each day, Monday through Friday. We are professional mailers and maintain multiple permits with USPS.

Price: For the Traditional Service, there is a one month (30 calendar day) free trial, followed by $0.60 per lead. If you would prefer a flat monthly fee based on the counties that you are interested in, please reach out to us, and we will provide a flat monthly fee quote for the leads. Also, the free trial does not obligate you to continue with paid service. It is a true free trial.

For the Full Service, the price is $1.20 per mail piece for mail pieces mailed during the first 4 weeks, followed by $1.80 per mail piece thereafter. The Full Service price is all-inclusive, and includes the cost of the leads, labor, postage, and materials. We also can print in full color on both your envelopes and letters at no extra charge.

With both the Traditional Service and Full Service, there are also no long term commitments. You can cancel at any time, just by emailing us.

Whether you choose the Traditional Service or Full Service, you can cap the amount you want to spend so that you can stay within your marketing budget. You also have the ability to set preferences. Say you set the cap at $200.00 per two weeks and we are mailing for DUIs and criminal offenses for you, but DUIs are the most important kinds of cases for you. As we near the cap, we will start to cut out the criminal leads and include all of the DUI leads that we can. This way, we stay on budget and you get to advertise to the kinds of cases you care most about. 

How fresh are the leads? We collect the leads each day, every day, so the leads are as fresh as the leads can be. We email the leads to you each day, Monday through Friday. Monday's data contains the leads from the weekend.

How do you fix bad addresses and returned mail? We use address correction software. This is software maintained by a vendor that has a license with USPS. The addresses in the leads we collect are fed through the address correction software (and thus the USPS databases of addresses). The result is that many bad addresses are eliminated entirely. Some bad addresses have fixable errors and the software automatically fixes those errors. This can be a real advantage since you now have some leads with accurate addresses that other attorneys may not have access to. Address correction software is not perfect, and you will still get some returned mail. However, the quality of the address correction software that we use will substantially reduce returned mail and help get more of your mailers to the right potential clients at the correct address.

Can I get only the types of cases I want and only in the counties that I want? Yes. We can filter the data to your specifications according to county and type of cases.

Can you help me execute complex marketing strategies? Yes, we can help you with just about any strategy, including, but not limited to:

  • Identifying out-of-state defendants so that you can target those most likely to hire an attorney instead of going to court themselves.
  • Identifying Hispanic records so that you can send an advertisement in Spanish.
  • Mailing for complex combinations of charges: like only mailing for driving on a suspended license if the defendant is also charged with an OWI.

Is it easy to make changes? Yes, just email us and we can make the changes for you.

Any other special characteristics of your service: Yes, we can provide free mail merge to make things easier on your end. Basically, you email us your letters and we keep them on file. Each day, we mail merge the data into the letters, and then email you the already mail-merged letters along with the data. You can just open up the document containing the mail-merged letters and just hit “print.” Then you can do the rest of the mailing process. It is that easy. There is no extra charge for mail merge. We can also handle mail merge into labels for you. Again, there is no extra cost for this.

Can you do the mailings for me? Yes. This is called our Full Service. The price is $1.80 per mail piece ($1.20 per mail piece for the first 4 weeks of service). This is an all-inclusive price and includes the cost of the leads, postage, labor, and materials. We also print in full color on both the envelopes and letters at no extra cost. Even the invoicing is simple with the Full Service: we simply invoice you once every two weeks by adding the number of mail pieces mailed off for you during that two week period. There are no extra charges or fees. You can also cap the amount that you want to spend so you stay within your marketing budget.

Do you have any samples of the Alabama leads or sample Alabama advertising letters and mail pieces for me to look at? Yes, please email us at info@directlegalmail.com or use the contact box to the right, and we will send you a sample of the data and/or sample letters.

Alabama Rules of Professional Conduct Information About Legal Services

Rule 7.2. Advertising.

 

A lawyer who advertises concerning legal services shall comply with the following:

 

  • Subject to the requirements of Rule 1, a lawyer may advertise services through public media, such as a telephone directory, legal directory, newspaper or other periodical, outdoor displays, radio, television, or written communication not involving solicitation as defined in Rule 7.3.

 

  • A true copy or recording of any such advertisement shall be delivered or mailed to the office of the general counsel of the Alabama State Bar at its then current headquarters within three (3) days after the date on which any such advertisement is first disseminated; the contemplated duration thereof and the identity of the publisher or broadcaster of such advertisement, either within the advertisement or by separate communication accompanying said advertisement, shall be Also, a copy or recording of any such advertisement shall be kept by the lawyer responsible for its content, as provided hereinafter by Rule 7.2(d), for six (6) years after its last dissemination.

 

  • A lawyer shall not give anything of value to a person for recommending the lawyer's services, except that a lawyer may pay the reasonable cost of any advertisement or written communication permitted by this rule and may pay the usual charges of a not-for-profit lawyer referral

 

  • Any communication made pursuant to this rule shall include the name of at least one lawyer responsible for its

 

  • No communication concerning a lawyer's services shall be published or broadcast, unless it contains the following language, which shall be clearly legible or audible, as the case may be: “No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other ”

 

  • If fees are stated in the advertisement, the lawyer or law firm advertising must perform the advertised services at the advertised fee, and the failure of the lawyer and/or law firm advertising to perform an advertised service at the advertised fee shall be prima facie evidence of misleading advertising and deceptive The lawyer or law  firm  advertising  shall  be  bound  to  perform  the  advertised  services  for  the

 

advertised fee and expenses for a period of not less than sixty (60) days following the date of the last publication or broadcast.

 

 

Comment

 

To assist the public in obtaining legal services, lawyers should be allowed to make known their services not only through reputation but also through organized information campaigns in the form of advertising. Advertising involves an active quest for clients, contrary to the tradition that a lawyer should not seek clientele. However, the public's need to know about legal services can be fulfilled in part through advertising. This need is particularly acute in the case of persons of moderate means who have not made extensive use of legal services. The interest in expanding public information about legal services ought to prevail over considerations of tradition. Nevertheless, advertising by lawyers entails the risk of practices that are misleading or overreaching.

 

This Rule permits public dissemination of information concerning a lawyer's name or firm name, address and telephone number; the kinds of services the lawyer will undertake; the basis on which the lawyer's fees are determined, including prices for specific services and payment and credit arrangements; a lawyer's foreign language ability; names of references and, with their consent, names of clients regularly represented; and other information that might invite the attention of those seeking legal assistance.

 

Some jurisdictions have had extensive prohibitions against television advertising, against advertising going beyond specified facts about a lawyer, or against “undignified” advertising. Television is now one of the most powerful media for getting information to the public, particularly persons of low and moderate income; prohibiting television advertising, therefore, would impede the flow of information about legal services to many sectors of the public. Limiting the information that may be advertised has a similar effect and assumes that the bar can accurately forecast the kind of information that the public would regard as relevant.

 

Neither this Rule nor Rule 7.3 prohibits communications authorized by law, such as notice to members of a class in class action litigation.

 

Record of Advertising

 

Paragraph (b) requires that a record of the content and use of advertising be kept in order to facilitate enforcement of this Rule. It does not require that advertising be subject to review prior to dissemination. Such a requirement would be burdensome and expensive relative to its possible benefits, and may be of doubtful constitutionality.

 

Paying Others to Recommend a Lawyer

 

A lawyer is allowed to pay for advertising permitted by this Rule, but otherwise is not permitted to pay another person for channeling professional work. This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services. Thus, a legal aid agency or prepaid legal services plan may pay to advertise legal services provided under its auspices. Likewise, a lawyer may participate in not-for-profit lawyer referral programs and pay the usual fees charged by such programs. Paragraph (c) does not prohibit paying regular compensation to an assistant, such as a secretary, to prepare communications permitted by this Rule.

 

Comparison with Former Alabama Code of Professional Responsibility

 

Rule 7.2 is based on Temporary DR 2-102, which was substantially adopted from Model Rule 7.2.

Alabama Rules of Professional Conduct Information About Legal Services

Rule 7.3.

 

Direct Contact with Prospective Clients.

 

  • A lawyer shall not solicit professional employment from a prospective client with whom the lawyer has no familial or current or prior professional relationship, in person or otherwise, when a significant motive for the lawyer's doing so is the lawyer's pecuniary A lawyer shall not permit employees or agents of the lawyer to solicit on the lawyer's behalf. A lawyer shall not enter into an agreement for or charge or collect a fee for professional employment obtained in violation of this rule. The term “solicit” includes contact in person, by telephone, telegraph, or facsimile transmission, or by other communication directed to a specific recipient and includes contact by any written form of communication directed to a specific recipient and not meeting the requirements of subdivision (b)(2) of this rule.

 

  • Written Communication

 

  • A lawyer shall not send, or knowingly permit to be sent, on the lawyer's behalf or on behalf of the lawyer's firm or on behalf of a partner, an associate, or any other lawyer affiliated with the lawyer or the lawyer's firm, a written communication to a prospective client for the purpose of obtaining professional employment if:

 

  • the written communication concerns an action for personal injury or wrongful death arising out of, or otherwise related to, an accident or disaster involving the person to whom the communication is addressed or a relative of that person, unless the accident or disaster giving rise to the cause of action occurred more than thirty (30) days prior to the mailing of the communication;

 

  • the written communication concerns a civil proceeding pending in a state or federal court, unless service of process was obtained on the defendant or other potential client more than seven (7) days prior to the mailing of the communication;

 

  • the written communication concerns a criminal proceeding pending in a state or federal court, unless the defendant or other potential client was served with a warrant or information more than seven (7) days prior to the mailing of the communication;

 

  • the written communication concerns a specific matter, and the lawyer knows or reasonably should know that the person to whom the

 

communication is directed is represented by a lawyer in the matter;

 

  • it has been made known to the lawyer that the person to whom the communication is addressed does not want to receive the communication;

 

  • the communication involves coercion, duress, fraud, overreaching, harassment, intimidation, or undue influence by the lawyer;

 

  • the communication contains a false, fraudulent, misleading, deceptive, or unfair statement or claim or is improper under Rule 1; or

 

  • the lawyer knows or reasonably should know that the person to whom the communication is addressed is a minor or is incompetent, or that the person's physical, emotional, or mental state makes it unlikely that the person would exercise reasonable judgment in employing a

 

  • In addition to the requirements of Rule 2, written communications to prospective clients for the purpose of obtaining professional employment are subject to the following requirements:

 

  • a sample copy of each written communication and a sample of the envelope to be used in conjunction with the communication, along with a list of the names and addresses of the recipients, shall be filed with the office of general counsel of the Alabama State Bar before or concurrently with the first dissemination of the communication to the prospective client or A copy of the written communication must be retained by the lawyer for six (6) years. If the communication is subsequently sent to additional prospective clients, the lawyer shall file with the office of general counsel of the Alabama State Bar a list of the names and addresses of those clients either before or concurrently with that subsequent dissemination. If the lawyer regularly sends the identical communication to additional prospective clients, the lawyer shall, once a month, file with the office of general counsel a list of the names and addresses of those clients contacted since the previous list was filed;

 

  • written communications mailed to prospective clients shall be sent only by regular mail, and shall not be sent by registered mail or by any other form of restricted delivery or by express mail;

 

  • no reference shall be made either on the envelope or in the written communication that the communication is approved by the Alabama State Bar;

 

  • the written communication shall not resemble a legal pleading, official government form or document (federal or state), or other legal document, and the manner of mailing the written communication shall not

 

make it appear to be an official document;

 

  • the word “Advertisement” shall appear prominently in red ink on each page of the written communication, and the word “Advertisement” shall also appear in the lower left-hand corner of the envelope in 14-point or larger type and in red If the communication is a self-mailing brochure or pamphlet, the word “Advertisement” shall appear prominently in red ink on the address panel in 14-point or larger type;

 

  • if a contract for representation is mailed with the written communication, it will be considered a sample contract and the top of each page of the contract shall be marked “SAMPLE.” The word “SAMPLE” shall be in red ink in a type size at least one point larger than the largest type used in the The words “DO NOT SIGN” shall appear on the line provided for the client's signature;

 

  • the first sentence of the written communication shall state: “If you have already hired  or retained a lawyer in connection with [state the general subject matter of the solicitation], please disregard this letter [pamphlet, brochure, or written communication]”;

 

  • if the written communication is prompted by a specific occurrence (e.g., death, recorded judgment, garnishment) the communication shall disclose how the lawyer obtained the information prompting the communication;

 

  • a written communication seeking employment by a specific prospective client in a specific matter shall not reveal on the envelope, or on the outside of a self-mailing brochure or pamphlet, the nature of the client's legal problem; and

 

  • a lawyer who uses a written communication must be able to prove the truthfulness of all the information contained in the written

 

[Amended eff. 5-1-1996; Amended eff. 2-19-2009.]

 

 

Comment

 

There is a potential for abuse inherent in direct solicitation by a lawyer in person or by telephone, telegraph, or facsimile transmission of prospective clients known to need legal services. Direct solicitation subjects the nonlawyer to the private importuning of a trained advocate, in a direct impersonal encounter. A prospective client often feels overwhelmed by the situation giving rise to the need for legal services and may have an impaired capacity for reason, judgment, and protective

 

self-interest. Furthermore, the lawyer seeking to be retained is faced with a conflict stemming from the lawyer's own interest, which may color the advice and representation offered the vulnerable prospect.

 

The situation is therefore fraught with the possibility of undue influence, intimidation, and overreaching. This potential for abuse inherent in direct solicitation of prospective clients justifies some restrictions, particularly since the advertising permitted under Rule 7.2 offers an alternative means of communicating necessary information to those who may be in need of legal services. Advertising makes it possible for a prospective client to be informed about the need for legal services, and about the qualifications of available lawyers and law firms, without subjecting the prospective client to direct personal persuasion that may overwhelm the client's judgment.

 

The use of general advertising, rather than direct private contact, to transmit information from lawyer to prospective client will help to assure that the information flows cleanly as well as freely. Advertising is in the public view and thus subject to scrutiny by those who know the lawyer. This informal review is likely to help guard against statements and claims that might constitute false or misleading communications in violation of Rule 7.1. Direct, private communications from  a lawyer to a prospective client are not subject to such third-person scrutiny and consequently are much more likely to approach (and occasionally cross) the line between accurate representations and those that are false and misleading.

 

Direct written communication seeking employment by specific prospective clients generally presents less potential for abuse or overreaching than in-person solicitation and is therefore not prohibited for most types of legal matters, but is subject to reasonable restrictions, as set forth in this rule, designed to minimize or preclude abuse and overreaching and to ensure the lawyer's accountability if abuse should occur.  This rule allows targeted mail solicitation of potential plaintiffs or claimants in personal injury and wrongful death causes of action or other causes of action that relate to an accident, disease, death, or injury, but only if the communication is not mailed until thirty (30) days after the incident. This restriction is reasonably required by the sensitized state of the potential clients, who may be either injured or grieving over the loss of a family member, and the abuses that experience has shown can exist in this type of solicitation.

 

Common examples of written communications that must meet the requirements of subparagraph (b) of this rule are direct mail solicitation sent to individuals or groups selected because they share common characteristics, e.g., persons named in traffic accident reports or notices of foreclosure. Communications not ordinarily sent on an unsolicited basis to prospective clients are not covered by this rule. Also not covered by this rule are responses by lawyers and law firms to requests for information from a prospective client or newsletters or brochures published for clients, former clients, those requesting it, or those with whom the lawyer or law firm has a familial or current or prior professional relationship.

 

 

Letters of solicitation and the envelopes in which they are mailed should be clearly marked “Advertisement.” This will avoid the perception by the recipient that there is a need to open the envelope because it is from a lawyer or law firm, when the envelope contains only a solicitation for legal services. With the envelopes and letters clearly marked “Advertisement,” the recipient can choose to read the solicitation or not to read it, without fear of legal repercussions.

 

In addition, the lawyer or law firm sending the letter of solicitation shall reveal the source of information used to determine that the recipient has a potential legal problem. Disclosure of the source will help the recipient to understand the extent of knowledge the lawyer or law firm has regarding the recipient's particular situation and will avoid misleading the recipient into believing that the lawyer has particularized knowledge about the recipient's matter if the lawyer does not.

 

General mailings to persons not known to need legal services, as well as mailings targeted to specific persons or potential clients, are permitted by this rule. However, these mailings constitute advertisement and are thus subject to the requirements of Rule 7.2 concerning delivery of copies to the general counsel, record keeping, inclusion of a disclaimer, and performance of the services offered at the advertised fee.

 

This Rule would not prohibit a lawyer from contacting representatives of organizations or groups that may be interested in establishing a group or prepaid legal plan for its members, insureds, beneficiaries, or other third parties for the purpose of informing such entities of the availability of and details concerning the plan or arrangement that the lawyer or the law firm is willing to offer. This form of communication is not directed to a specific prospective client known to need legal services related to a particular matter. Rather, it is usually addressed to an individual acting in a fiduciary capacity seeking a supplier of legal services for others who may, if they choose, become prospective clients of the lawyer. Under these circumstances, the activity which the lawyer undertakes in communicating with such representatives and the type of information transmitted to the individual are functionally similar to and serve the same purpose as advertising permitted under Rule 7.2.

 

Comparison with Former Alabama Code of Professional Responsibility

 

There is no comparable rule in the former Alabama Code of Professional Responsibility. Rule 7.3, before its amendment effective May 1, 1996, was a direct counterpart to Temporary DR 2-103, which was substantially adopted from Model Rule 7.3. The amendment effective May 1, 1996, changed the rule substantially from what was Temporary DR 2-103.

 

Note from the reporter of decisions: The order amending Rule 7.3(b)(1), effective February 19, 2009, is published in that volume of Alabama Reporter that contains Alabama cases from 999 So.2d.