Can a lawyer hand out legal-rights pamphlets with the lawyer's name and number at public seminars and through community advocates?
Apply this to your situation
This page answers the general question as of 1996. Ezel answers yours: whether it's allowed on your facts, under the current Illinois Rules of Professional Conduct, with citations.
Plain-English summary
A lawyer asked whether he could distribute materials discussing legal matters, showing his name, address, and telephone number, to non-clients attending public service seminars, and whether he could give such materials to community advocates to pass along to interested parties, in both cases without paying the organization or advocates.
The opinion analyzed the question under Rule 7.2, which permits advertising through written communication not involving solicitation, subject to record-keeping, identification of at least one lawyer responsible for the content, and the prohibition on giving anything of value to a person for recommending the lawyer's services. It also referenced Rule 7.3, which addresses contact with prospective clients and the labeling of advertising circulars.
The opinion concluded that the lawyer may distribute the materials at a seminar, and that community advocates may distribute them, provided the materials contain at least the name of one attorney responsible for the content. It concluded the lawyer is restricted from giving anything of value to the seminar promoter or the community advocates for distributing the materials.
Currency note
This opinion was issued in 1996, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in January 2010 as generally consistent with the 2010 Rules (referring to Rules 7.2 and 7.3 with Comment [6]), while noting the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a lawyer hand out informational materials with contact details at a public seminar?
A: The opinion concluded yes, provided the materials identify at least one lawyer responsible for their content, treating the distribution as permitted written advertising under Rule 7.2.
Q: Can community advocates pass the lawyer's materials along to others?
A: The opinion concluded yes, on the same condition that the materials name a responsible lawyer.
Q: Can the lawyer pay the seminar or the advocates to distribute the materials?
A: The opinion concluded no. The lawyer is restricted from giving anything of value to the seminar promoter or community advocates for distributing the materials, consistent with Rule 7.2's bar on paying for recommendations.
Background and rules framework
The opinion interpreted Rule 7.2 (advertising, including record-keeping, the responsible-lawyer identification requirement, and the bar on giving anything of value for recommendations; Model Rule 7.2) and Rule 7.3 (direct contact with prospective clients and labeling of advertising circulars; Model Rule 7.3).
Citations and references
Rules of Professional Conduct:
- Model Rule 7.2 (advertising) / Illinois Rule 7.2
- Model Rule 7.3 (solicitation of clients) / Illinois Rule 7.3(a)(3)
Other opinions cited:
- ISBA Opinions 727, 84-04, and 95-08
See also
- ISBA Ethics Op. 96-02: Third-Party Solicitation on Behalf of a Lawyer
- ISBA Ethics Op. 96-10: Use of Email and Lawyer Websites
- ISBA Ethics Op. 12-04: Labeling Direct Solicitations as Advertising Material
Source
- Landing page: https://www.isba.org/ethics/opinions/9601
Get today's answer for your situation
You just read a 1996 opinion on this question. Ezel checks the current Illinois Rules of Professional Conduct and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.