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(a) A person commits an offense if, with intent to obtain a direct economic benefit for himself or herself, the person:
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(1) Contracts with any person to represent that person with regard to personal causes of action for property damages or personal injury;
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(2) Advises any person as to the person’s rights and the advisability of making claims for personal injuries or property damages;
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(3) Advises any person as to whether or not to accept an offered sum of money in settlement of claims for personal injuries or property damages;
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(4) Enters into any contract with another person to represent that person in personal injury or property damage matters on a contingent fee basis with an attempted assignment of a portion of the person’s cause of action;
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(5) Enters into any contract, except a contract of insurance, with a third person which purports to grant the exclusive right to select and retain legal counsel to represent the individual in any legal proceeding; or
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(6) Contacts any person by telephone or in person for the purpose of soliciting business which is legal in nature, as set forth above.
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(b) This section does not apply to a person currently licensed to practice law in this state, another state, or a foreign country and in good standing with the State Bar of Arkansas and the state bar or licensing authority of any and all other states and foreign countries where licensed.
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(c) Except as provided by subsection (d) of this section, an offense under subsection (a) of this section is a Class A misdemeanor.
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(d) An offense under subsection (a) of this section is a Class D felony if it is shown on the trial of the offense that the defendant has previously been convicted under subsection (a) of this section.
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(e) This section shall not apply to a person who is licensed as an adjuster or employed as an adjuster by an insurer as authorized by § 23-64-101.
