Can an Oregon lawyer send thank-you cards to clients and referral sources, or host an open house for clients and nonclients?
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This page answers the general question as of 2018. Ezel answers yours: whether it's allowed on your facts, under the current Oregon Rules of Professional Conduct, with citations.
Plain-English summary
Lawyer A wants to send greeting cards or letters thanking current and former clients for their business. Lawyer B wants to send cards thanking people who have referred clients. Lawyer C wants to hold an open house and invite current and former clients and nonclients. The opinion asks whether each lawyer's proposed conduct is ethical.
The opinion concludes yes, qualified, to all three. It treats the thank-you communications of Lawyers A and B as constitutionally protected, citing Shapero v. Kentucky Bar Ass'n, so no rule could prohibit them unless they were ancillary to some independent wrongdoing such as improper in-person solicitation or misrepresentation. Given their nature, the opinion concludes the thank-you notes need not be treated as advertisements or solicitations under Oregon RPC 7.2(a), (c) or RPC 7.3.
As to Lawyer C's open house, the opinion notes it could give rise to situations involving solicitation within the meaning of RPC 7.3, and concludes that if such situations arise, the lawyer must be careful to avoid any means of solicitation that would violate RPC 7.3 (such as soliciting a person whose state prevents reasonable judgment, who has said they do not wish to be solicited, or by coercion, duress, or harassment).
In practice
Under the Oregon rules as they stood at the time of the opinion, thank-you cards to clients and referral sources were protected speech and did not trigger the advertising or solicitation requirements of RPC 7.2 and 7.3. Per the opinion, an open house is likewise permissible, with the caveat that the lawyer must not engage in solicitation barred by RPC 7.3.
Common questions
Q: Can a lawyer send holiday or thank-you cards to clients?
A: Yes, qualified. The opinion concludes such cards are constitutionally protected and need not be treated as advertising or solicitation under RPC 7.2 or 7.3.
Q: Can a lawyer thank a referral source with a card?
A: Yes, qualified. The opinion reaches the same conclusion for cards thanking people who referred clients.
Q: Can a lawyer host an open house for clients and nonclients?
A: Yes, qualified. The opinion concludes the lawyer may do so but must avoid any solicitation that would violate RPC 7.3.
Background and rules framework
The opinion interprets Oregon RPC 7.2 (advertising of legal services) and RPC 7.3 (solicitation, barring solicitation where the subject cannot exercise reasonable judgment, has asked not to be solicited, or where coercion or harassment is involved), against the backdrop of RPC 7.1. These track Model Rules 7.1 through 7.3.
Citations and references
Rules of Professional Conduct:
- Oregon RPC 7.2(a), (c) / Model Rule 7.2 (advertising)
- Oregon RPC 7.3 / Model Rule 7.3 (solicitation)
- Oregon RPC 7.1 / Model Rule 7.1 (communications about services)
Cases:
- Shapero v. Kentucky Bar Ass'n, 486 US 466, 108 S Ct 1916 (1988)
See also
- OSB Ethics Op. 2005-31: Improper Use of Titles
- OSB Ethics Op. 2005-12: Firm Names and Office Sharing
Source
- Landing page: https://www.osbar.org/ethics/toc.html
- Original PDF: https://www.osbar.org/_docs/ethics/2005-35.pdf
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