Can a lawyer ask close friends, relatives, and regular clients whether they have a will, and keep estate-planning brochures in the office?

Plain-English summary

A lawyer asked whether it was proper to ask close friends, relatives, and regular clients if they had drawn a will, and whether he could keep estate-planning, wills, and probate brochures available for distribution in his office.

On the first question, the opinion applies Rule 7.3, which bars in-person, live telephone, or real-time electronic solicitation of a prospective client with whom the lawyer has no family, close personal, or prior professional relationship when a significant motive is the lawyer's pecuniary gain. The opinion notes the rule's comment that abusive practices are far less likely where the lawyer has a prior relationship or is not motivated by personal gain. It concludes there is no impropriety in accepting employment that results from volunteered in-person advice to this narrow group, consistent with its earlier Opinion No. 39.

On the second question, the opinion concludes that Rule 7.2 allows such advertising as long as the written communication meets Rule 7.2's requirements and complies with Rule 7.1, meaning it is not false, misleading, deceptive, or unfair about the lawyer or the lawyer's services.

In practice

Under this opinion, Rule 7.3's bar on in-person solicitation does not reach close friends, relatives, and regular clients, so a lawyer may volunteer will advice to that group and take the resulting work. The office-brochure practice is permitted as a form of written communication that must satisfy Rule 7.2 and the Rule 7.1 prohibition on false, misleading, deceptive, or unfair content.

Common questions

Q: Can a lawyer ask friends and relatives whether they have a will?

A: Per this opinion, yes; Rule 7.3 does not bar in-person contact with people the lawyer has a family, close personal, or prior professional relationship with.

Q: Does the same allowance cover regular clients?

A: The opinion includes regular clients in the narrow group to whom a lawyer may volunteer in-person advice without impropriety.

Q: Can a lawyer leave estate-planning brochures out in the office?

A: The opinion concludes yes, so long as the brochures meet Rule 7.2 and are not false, misleading, deceptive, or unfair under Rule 7.1.

Background and rules framework

The opinion applies Mississippi Rule of Professional Conduct 7.3 (direct contact with prospective clients, the analog of Model Rule 7.3) to the in-person question, and Rule 7.2 (advertising, Model Rule 7.2) together with Rule 7.1 (no false or misleading communication, Model Rule 7.1) to the brochure question. It follows its earlier Opinion No. 39.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 / Mississippi Rule 7.3: in-person solicitation, with the exception for family, close personal, or prior professional relationships.
• Model Rule 7.2 / Mississippi Rule 7.2: advertising and written communications.
• Model Rule 7.1 / Mississippi Rule 7.1: no false, misleading, deceptive, or unfair communication.

Other opinions cited:

• Mississippi Ethics Opinion No. 39: cited as consistent authority on volunteering in-person advice to a narrow group.

See also

• MS Bar Ethics Op. 216: In-Person Solicitation Through a Prepaid Legal Plan
• MS Bar Ethics Op. 175: Distributing Informational Cards Through a Union
• MS Bar Ethics Op. 156: Client Newsletter and Educational Seminars

Source

• Landing page: https://www.msbar.org/ethics-discipline/ethics-opinions/formal-opinions/94/
• Original PDF: https://www.msbar.org/media/1100/et_op_94-amended.pdf

Original opinion text

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

ETHICS OPINION NO. 94

OF THE MISSISSIPPI BAR

RENDERED June 07, 1984

AMENDED April 06, 2013

ADVERTISING - A lawyer may ethically volunteer in-person advice and render any resulting legal services to close friends, relatives and regular clients.

The Ethics Committee of The Mississippi Bar has been requested to render an opinion on the ethical propriety of an attorney asking close friends, relatives and regular clients if they have drawn a Will.

Rule 7.3 of the Mississippi Rules of Professional Conduct (MRPC) provides that a "lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a particular prospective client with whom the lawyer has no family, close personal, or prior professional relationship when a significant motive of the lawyer's doing so is the lawyer's pecuniary gain." The comment to the Rule explains there is a far less likelihood that a lawyer would engage in abusive practices in such in-person, live telephone or electronic contact with someone whom the lawyer has a prior relationship or when the lawyer is motivated by considerations other than his or her own pecuniary gain.

The Committee believes there is no ethical impropriety involved in an attorney accepting employment to render services from this narrow group when such services would result from volunteered in-person advice regarding the need to prepare a Will. This result is consistent with Ethics Opinion No. 39 of The Mississippi Bar, and this opinion is recommended to the requester.

The second question presented to the Committee is whether it is ethically proper for an attorney to have available for distribution in his office brochures which relate to estate planning, wills and probate.

Rule 7.2, MRPC, allows for such advertising as long as the written communication meets the requirements of Rule 7.2, MRPC, and complies with Rule 7.1, MRPC, in that it is not false, misleading, deceptive or unfair about the lawyer or the lawyer's services.