Can an Oregon lawyer mail flyers and cold-call or email potential clients to solicit them for a lawsuit?

Plain-English summary

A lawyer representing some condominium owners in a construction-defect suit obtained every owner's contact information and mailed a flyer offering services, then called the owners they did not represent. One owner, Owner A, said on the phone "don't bother me again!" The lawyer emailed Owner A that day urging reconsideration.

The opinion answers three questions under Oregon RPC 7.3, which limits solicitation to protect the public from overreaching, coercion, duress, or harassment while respecting the lawyer's free-speech rights. On the flyer (Question 1), the opinion concludes mailing is permissible as long as the factual statements are truthful and not misleading under Oregon RPC 7.1, with care to avoid promising results, and the communication includes the responsible lawyer's name and contact information under Oregon RPC 7.2(c). On the call (Question 2), the opinion concludes a first call to solicit is permissible because nothing indicates coercion, duress, or harassment under RPC 7.3(c), nothing suggests Owner A could not exercise reasonable judgment under RPC 7.3(a), and the matter is not a personal-injury solicitation barred by ORS 9.510.

On the email (Question 3), the opinion concludes it is not permissible. By telling the lawyer "don't bother me again," Owner A made known a desire not to be solicited, and Oregon RPC 7.3(b) prohibits soliciting a person who has made that desire known. The follow-up email the same day was, in the opinion's words, a clear violation of RPC 7.3.

In practice

Under this opinion, an Oregon lawyer may use direct-mail flyers and an initial cold call to solicit potential clients, provided the content is truthful, carries the required attribution, and does not involve a barred personal-injury solicitation. The opinion draws a firm line at RPC 7.3(b): once a person tells the lawyer they do not want to be solicited, further solicitation by any means is prohibited.

Common questions

Q: Can an Oregon lawyer mail advertising flyers to people who are not clients?

A: Yes. The opinion concludes mailing flyers is permissible if the statements are truthful and not misleading under RPC 7.1 and the flyer includes the responsible lawyer's name and contact information under RPC 7.2(c).

Q: Can an Oregon lawyer cold-call a potential client?

A: Yes, a first call. The opinion concludes a solicitation call is permissible where there is no coercion, duress, or harassment, no indication the person cannot exercise reasonable judgment, and the matter is not a personal-injury solicitation barred by ORS 9.510.

Q: What happens if a person says they do not want to be contacted?

A: The lawyer must stop. The opinion concludes that once a person makes known a desire not to be solicited, Oregon RPC 7.3(b) prohibits further solicitation, so emailing that person after they said "don't bother me again" violated the rule.

Background and rules framework

The opinion interprets Oregon RPC 7.3 (solicitation), with RPC 7.1 (false or misleading communications) and RPC 7.2(c) (required attribution in advertising). These track Model Rules 7.3, 7.1, and 7.2. The personal-injury solicitation limit comes from ORS 9.510.

Citations and references

Rules of Professional Conduct:

• Oregon RPC 7.3 / Model Rule 7.3 (solicitation)
• Oregon RPC 7.1 / Model Rule 7.1 (false or misleading communications)
• Oregon RPC 7.2(c) / Model Rule 7.2 (required attribution)

Statutes:

• ORS 9.510 (limits on personal-injury solicitation)

See also

• ABA Formal Op. 501: Solicitation of Clients
• OSB Ethics Op. 2026-208: Chatbots and AI Agent Communications

Source

• Landing page: https://www.osbar.org/ethics/toc.html
• Original PDF: https://www.osbar.org/_docs/ethics/2021-196.pdf