A lawyer for an entity in litigation, engages in solicitation when the lawyer contacts current or former employees to offer to represent them with payment by the entity.  Rivera v. Lutheran Medical Center, 866 N.Y.S. 2d 520 (N.Y. Sup. Ct. Kings Cty. 2008), aff’d, 899 N.Y.S. 2d 859 (2d Dep’t 2010).  For a discussion of the case see http://apps.americanbar.org/litigation/litigationnews/top_stories/firm-disqualified-witnesses.html