Can a lawyer use law office letterhead to write to other lawyers asking them to donate to a charity?

Plain-English summary

The committee was asked whether a lawyer, volunteering in a fund-raising campaign for a reputable and established charitable organization, may use law office letterhead in writing to other lawyers in the community to solicit contributions, when the letter is not intended to and does not publicize the lawyer or the lawyer's professional skill and experience.

The committee answered yes. It noted that under former Canon 27 it had held such practice was not unethical, citing Opinion 61-38 (as supplemented, since withdrawn), and that there was no provision in the then-new Code of Professional Responsibility that changed that view.

Currency note

This opinion was issued in 1973, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Code of Professional Responsibility (and, before it, the former Canons of Professional Ethics), which have since been replaced. Treat this page as historical context, not current guidance. Verify against current Rule 4-7.18 before relying on any specific requirement mentioned here.

Common questions

Q: Could the lawyer use law office letterhead for the charity appeal?

A: Under this opinion, yes, where the letter went to other lawyers and did not publicize the soliciting lawyer or the lawyer's professional skill and experience.

Q: Why did the letterhead use not amount to improper self-promotion?

A: The committee's conclusion turned on the letter not being intended to and not in fact publicizing the lawyer or the lawyer's skill, so the letterhead served identification rather than advertising.

Background and rules framework

The opinion applied former Canon 27 of the Canons of Professional Ethics and found nothing in the then-new Code of Professional Responsibility that changed the result. The opinion's header notes that the subject corresponds to current Rule 4-7.18 (direct contact with prospective clients); the Model Rule analogue is 7.3.

Citations and references

Rules of Professional Conduct:

• Former Canon 27 of the Canons of Professional Ethics (the opinion's header notes current Rule 4-7.18)

Other opinions cited:

• Florida Opinion 61-38 (as supplemented, since withdrawn)

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-73-11/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-73-11-2.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

FLORIDA BAR ETHICS OPINION
OPINION 73-11
July 24, 1973
Advisory ethics opinions are not binding.
A lawyer may use his office letterhead in writing to other lawyers in his community to solicit contributions for a reputable charity.
Canon: 27, former Canons of Professional Ethics [See current 4-7.18]
Opinion: 61-38 (as supplemented)
Chairman Zehmer stated the opinion of the committee:
This inquiry poses the following general question:
May a lawyer, as a volunteer participating in a fund-raising campaign for a reputable and established charitable organization, use his law office letterhead in writing to other lawyers in his community to solicit contributions from them when the letter is not intended to and does not publicize the lawyer or his professional skill and experience?
Under former Canon 27, this Committee held that such practice was not unethical. See Opinion 61-38 (as supplemented) [since withdrawn]. There is no provision in the new Code of Professional Responsibility which changes this view. Thus, the question is answered in the affirmative.