Can a lawyer hold public seminars about accidents to attract clients, and may staff phone or mail invitations to the public?

Plain-English summary

Lawyer A wanted to invite members of the public to periodic seminars at his office, with refreshments, where attendees would be given demonstrations or information about what to do in case of an automobile accident. He asked whether he could hold the seminars and, if so, whether staff could mail invitations to the public (using phone-book names or bulk occupant mailing) or telephone randomly selected people to invite them.

The opinion concluded that Lawyer A may hold the seminars but may not, personally or through staff, employees, or an outside agency, telephone people to invite them. Because the seminars' goal was to invite an employment relationship, soliciting people to attend was equivalent to soliciting professional employment from them, which Rule 2.4(b) barred by telephone. He could invite people by mailing invitations to persons selected randomly from the telephone directory or by bulk occupant mailing, but could not preselect people by any means that would target those specifically likely to need the legal services.

Currency note

The North Carolina State Bar's editor's note states this opinion was decided before the 1989 amendment to the superseded (1985) Rule 2.4 that permitted targeted direct-mail advertising, so its limits on preselecting recipients no longer reflect the rule. The opinion was also issued in 1988, before the State Bar's adoption of the 2003 revisions to the Rules of Professional Conduct; the provision it applies (Rule 2.4(b), solicitation) corresponds to Model Rule 7.3. Lawyer advertising and solicitation rules have changed substantially since, including through later constitutional decisions. Treat this page as historical context only, not current guidance, and verify against current rules before relying on anything here.

Common questions

Q: Could the lawyer hold public seminars to attract clients?

A: Yes. The opinion concluded the lawyer may hold the seminars.

Q: Could the lawyer phone people to invite them?

A: No. The opinion concluded that telephoning people to invite them was equivalent to soliciting employment and was barred by Rule 2.4(b).

Q: Could the lawyer mail invitations?

A: Yes, but not in a targeted way. The opinion concluded he could mail invitations chosen randomly from the directory or by bulk occupant mailing, but could not preselect people likely to need the services. (A later rule amendment changed the rule on targeted direct mail.)

Background and rules framework

The opinion applied North Carolina Rule 2.4(b), the solicitation provision then in force (corresponding to Model Rule 7.3). It distinguished permissible general advertising (random or bulk mailing, holding a seminar) from prohibited solicitation (telephoning prospective clients, targeting people likely to need the service). The State Bar's editor's note records that the rule was later amended to permit targeted direct mail, superseding part of this analysis.

Citations and references

Rules of Professional Conduct:

• North Carolina Rule 2.4(b) (solicitation; superseded 1985 version)
• MR 7.3 (solicitation of clients)

See also

• NC Ethics Op. RPC 135: advertisement of a lawyer as the "best"
• NC Ethics Op. RPC 161: television commercials for legal services

Source

• Landing page: https://www.ncbar.gov/for-lawyers/ethics-and-governing-rules/ethics-opinions/opinions/rpc-36/

Original opinion text

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

Editor's Note: This opinion was decided prior to the 1989 amendment to superseded (1985) Rule 2.4 permitting targeted direct mail advertising.

Inquiry:

Lawyer A desires to invite members of the public to a periodically held seminar with refreshments at his office where the public would be given demonstrations and/or information with respect to what to do in case of an automobile accident. Can Lawyer A hold such seminars? If so, can he have his staff mail invitations to the general public either by using names from the phone book or by bulk occupant mailing? Could the attorney ethically invite members of the general public to these seminars by randomly selecting people through the telephone book and having staff, employees or an outside phone service call them with an invitation to attend such seminars or demonstrations?

Opinion:

Yes, Lawyer A may hold such seminars. However, he cannot, personally or through any staff, employees or outside agency, telephone persons to invite them to such seminars or demonstrations. Rule 2.4(b). Since the goal of such seminars or demonstrations would be to invite an employment relationship, soliciting persons to come to the seminar demonstration would be equivalent to soliciting professional employment from those persons. He could invite such persons by mailing invitations to persons selected randomly from the telephone directory or by bulk occupant mailing. He could not preselect the people by any means which would target persons specifically likely to need such legal services. Rule 2.4(b)