May a lawyer use firm letterhead to solicit political support or charitable contributions?

Plain-English summary

This opinion withdrew and reconsidered the original Opinion 74-10, in which a member had asked several questions about using his firm's letterhead in various circumstances. The original inquiry raised four questions: (1) a letter on firm letterhead praising a counseling service that was a tenant in the firm's building, sent to attorney acquaintances; (2) using firm letterhead for personal correspondence recommending a candidate for public office; (3) using firm letterhead to solicit charitable contributions from fellow attorneys; and (4) using firm letterhead to recommend another attorney in a particular specialty.

The committee declined to answer the first and fourth questions. It offered no opinion on the first because it involved the inquiring lawyer's past conduct, and it found that both the first and fourth fell more within the authority of the Standing Committee on Advertising. The committee answered the second and third questions in the affirmative: it is permissible to send a letter soliciting political support or a charitable contribution on office letterhead so long as there is no intent to publicize the lawyer or the lawyer's professional skill and experience.

In practice

The opinion holds that, under the Florida advertising rules as they stood at the time, sending a letter on firm letterhead to solicit political support or a charitable contribution is permitted so long as there is no intent to publicize the lawyer or the lawyer's professional skill and experience. Per the opinion, the committee declined to reach two of the four questions the inquiry raised, treating one as involving the inquirer's past conduct and both as falling more within the authority of the Standing Committee on Advertising.

Common questions

Q: Can a lawyer ask for charitable donations on firm letterhead?

A: Yes. The committee answered that question in the affirmative, so long as the letter does not publicize the lawyer's skill and experience.

Q: Can a lawyer recommend a political candidate on firm letterhead?

A: Yes. The committee answered that question in the affirmative on the same condition.

Q: Did the committee address every question the lawyer raised?

A: No. It declined the first question, which involved the inquirer's past conduct, and the fourth, which concerned recommending another attorney, saying both fell more within the authority of the Standing Committee on Advertising.

Background and rules framework

The reconsidered opinion points to current Rule 4-7.18 of the Rules Regulating The Florida Bar, which governs direct contact with prospective clients (Model Rule 7.3 addresses solicitation). The committee's analysis distinguishes a letter that solicits political support or charitable contributions, which is permitted, from one that publicizes the lawyer's professional skill and experience.

Citations and references

Rules of Professional Conduct:

• Rule 4-7.18, Rules Regulating The Florida Bar [see current rule; Model Rule 7.3]

Other opinions cited:

• Florida Opinion 74-10 (original; withdrawn by this reconsideration).

See also

• FL Bar Ethics Op. 62-45: A Political Endorsement on Office Letterhead
• FL Bar Ethics Op. 79-2 and 81-2: Attorney as "General Counsel" on a Client's Letterhead
• FL Bar Ethics Op. 79-6 and 80-2: Listing Other-State Admissions on Letterhead

Source

• Landing page: https://www.floridabar.org/etopinions/etopinion-74-10-rec/
• Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-74-10-Rec-2.pdf

Original opinion text

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

FLORIDA BAR ETHICS OPINION
OPINION 74-10 (Reconsideration)
September 11, 2009
Advisory ethics opinions are not binding.
A lawyer may send a letter on law firm letterhead soliciting political support or a charitable contribution as long as the lawyer does not advertise the lawyer's experience or services.
Opinions: 74-10
RPC: [See current 4-7.18]
In Florida Ethics Opinion 74-10, which is withdrawn by this opinion, a member of The Florida Bar asked several questions about the propriety of using his law firm's letterhead in a variety of circumstances.
1. A member of The Florida Bar has circulated a letter written on his firm's letterhead praising a counseling service in his area. The firm does not represent the counseling service and has no interest in it except that the counseling service is a tenant in the firm's office building where it pays rent for the space it occupies identically proportional to that other tenants pay for the space they occupy. The letter was sent only to other attorneys, all of whom were personal acquaintances of the sender, and he sent it to them because he believed that the attorneys to whom he sent the letter would be interested in knowing about the service, the only one of its kind in his area.
The inquirer also asked the following questions:
2. Whether he may use his firm letterhead for personal correspondence sent to people in a professional capacity recommending a particular candidate for public office.
3. Whether he may use his firm letterhead for correspondence directed to fellow attorneys soliciting contributions for a charity.
4. Whether he may use his firm letterhead for correspondence directed to fellow attorneys recommending another attorney in a particular specialty.
The committee declines to answer the first and fourth questions. The first question involves past conduct of the inquiring lawyer and the committee therefore offers no opinion on this conduct. Additionally, the first and fourth questions involve matters more within the authority of the Standing Committee on Advertising.
The committee answers the second and third questions in the affirmative. It is permissible to send a letter soliciting political support or a charitable contribution on office letterhead so long as there is no intent to publicize the lawyer or the lawyer's professional skill and experience.