Can a lawyer mail companies a form letter offering services in a specific practice area like import-export law?
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This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked whether a firm could send companies engaged in international business a form letter saying the firm offers services in import-export and customs law. The Committee answered yes, subject to qualifications drawn from two rules.
On solicitation, SCR 197 (Nevada's version of Model Rule 7.3) barred soliciting professional employment by mail, for pecuniary gain, from persons with whom the lawyer had no family or prior professional relationship, but excluded letters distributed generally to persons "not known to need legal services of the kind provided by the lawyer in a particular matter." The Committee concluded that as long as the lawyer possessed no information that a recipient needed services in a specific legal matter, the mailing fell within that general-distribution exclusion and did not violate SCR 197.
On communicating a field of practice, SCR 198 (Nevada's version of Model Rule 7.4) allowed a lawyer to state that the practice was limited to or primarily in a particular area, but only if an attorney had devoted at least 300 hours in each of the preceding two years to the specialty, completed six hours of accredited CLE in the field in the preceding year, notified the Board of Continuing Legal Education in writing, kept time records, and included the prescribed "Notice to the Public." Finally, although SCR 198's list of approved designations included "Immigration and Customs Law" but not "Import-Export and Customs Law," the rule also permitted designations "not false or misleading," so the proposed label was permissible if accurate.
Currency note
This opinion was issued in 1989, before Nevada's 2006 adoption of the current Nevada Rules of Professional Conduct (the renumbered Rules 1.0 et seq. that replaced the former Supreme Court Rules) and the related Ethics 2000-based revisions. The solicitation rule is now Rule 7.3 and the fields-of-practice rule is now Rule 7.4; the detailed specialty-hours and Board-notice mechanics described here reflect the former SCR 198 and may no longer apply. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, hour threshold, or notice requirement mentioned here.
Common questions
Q: Can a firm mail businesses a letter advertising a specific practice area?
A: Yes, with conditions. The opinion concluded that a general form letter offering import-export and customs-law services is permissible if the lawyer has no information that any recipient needs help in a specific matter, so the mailing stays within SCR 197's general-distribution exclusion.
Q: What did the lawyer have to show to claim a specialty under SCR 198?
A: Per the opinion, an attorney had to have devoted at least 300 hours in each of the preceding two years to the field, completed six hours of accredited CLE in it the prior year, notified the Board of Continuing Legal Education in writing, kept time records, and included the prescribed "Notice to the Public."
Q: Could the firm call the area "Import-Export and Customs Law" even though it wasn't on the approved list?
A: Yes. The opinion concluded that because SCR 198 also allowed designations that are "not false or misleading," the label was permissible as long as it accurately described the firm's practice.
Background and rules framework
The opinion interprets former SCR 197 (direct contact with and solicitation of prospective clients, now Rule 7.3) and former SCR 198 (communication of fields of practice, now Rule 7.4), distinguishing a permissible general mailing from prohibited targeted solicitation and setting out the conditions for claiming a practice specialty.
Citations and references
Rules of Professional Conduct:
- Model Rule 7.3 / former Nev. SCR 197 (direct contact with and solicitation of prospective clients)
- Model Rule 7.4 / former Nev. SCR 198 (communication of fields of practice)
See also
- NV Ethics Op. 7: targeted direct-mail client solicitation
- NV Ethics Op. 11: showing an out-of-state firm affiliation on letterhead
Source
- Landing page: https://nvbar.org/for-lawyers/ethics-discipline/ethics-opinions/
- Original PDF: https://nvbar.org/wp-content/uploads/opinion_12.pdf
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