When does California presume communication to be improper regarding potential clients?

California presumes communication to be improper regarding potential clients when it occurs at the scene of an accident or when a person is not mentally fit to judge the situation. This presumption is rooted in the ethical obligation of attorneys to avoid exploiting vulnerable individuals.

When communication takes place at the scene of an accident, the individuals involved are often in a state of distress, making them particularly susceptible to influence. Similarly, if a person is not mentally fit to make sound judgments due to overwhelming emotions or other factors, any legal communication can be considered improper because the individual may not fully understand the implications of the conversation or the advice being provided.

These circumstances are directly related to the ethical responsibilities of lawyers to ensure that they do not take advantage of individuals who may be in incapacitated or otherwise vulnerable positions, reflecting a commitment to fair and responsible legal practice.