I want to attend a social gathering of local businesspeople to make contacts who might later become clients for my corporate practice. Is that improper solicitation?

Plain-English summary

An attorney interested in the business-oriented and corporate areas of law asked the panel whether it was proper for him to attend a social gathering of local businesspeople, believing it might provide contacts with business persons who could later become his clients.

The panel observed that the Rules of Professional Conduct prohibit direct, in-person solicitation of professional employment from a prospective client except under specifically enumerated circumstances, but that the Rules do not limit a lawyer's social and civic opportunities or prohibit a truthful statement of the lawyer's profession and professional interests. The panel held the attorney may properly attend any meeting he wishes, provided he abides by the provisions of Rule 7.3 and the principles set forth in its accompanying comment.

Currency note

This opinion was issued in July 1989, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 7.3 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can I attend networking or social events hoping to meet future clients?

A: Yes, according to this opinion. The panel held the attorney may properly attend any meeting he wishes, because the Rules of Professional Conduct do not limit a lawyer's social and civic opportunities.

Q: Can I tell people at these events what kind of law I practice?

A: Yes. The opinion states the Rules do not prohibit a lawyer from making a truthful statement of the lawyer's profession and professional interests.

Q: What rule governs my conduct at these gatherings?

A: The panel conditioned its approval on the attorney abiding by Rule 7.3, which governs direct, in-person solicitation of professional employment, and the principles set out in Rule 7.3's accompanying comment.

Background and rules framework

The opinion applies Rule 7.3 of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, governing direct, in-person solicitation of professional employment from a prospective client, to an attorney's attendance at a social gathering of local businesspeople for the purpose of developing prospective client contacts.

Citations and references

Rules of Professional Conduct:

• MR 7.3 (direct contact with prospective clients)
• RI RPC 7.3, as adopted November 15, 1988

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Opinion 88-29: Reconsideration of Opinion 88-22 Under the New Model Rule 7.3
• RI EAP Opinion 87-02: Advertisement Soliciting Class Action Witnesses

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2089-14.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
OPINION #89-14, REQUEST #60
Issued July 20, 1989

An attorney seeks Panel advice concerning the propriety of attending a social gathering of local businesspeople. The attorney states that he is interested in the business-oriented and corporate areas of the law and feels that attending the gathering at issue may provide contacts with business persons who might later want to become his clients.

The Rules of Professional Conduct prohibit direct, in person solicitation of professional employment from a prospective client except under specifically enumerated circumstances. The Rules do not presume to limit a lawyer's social and civic opportunities or to prohibit a lawyer from a truthful statement of his profession and his professional interests. The Panel takes the position that the attorney may properly attend any meeting he wishes providing he abides by the provisions of Rule 7.3 and the principles set forth in the accompanying comment.

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.