Can my firm put its brochure in the waiting room and mail it to existing clients?

Plain-English summary

The inquiring attorney asked the panel about the proper use of a brochure by the attorney's law firm.

The panel advised that the brochure may be put in the attorney's waiting room as long as it complies with Rhode Island Rule of Professional Conduct 7.1 and contains the required specialty disclaimer of Rule 7.4. Because the mail distribution is to be limited to persons who are already clients, the panel advised that mailing the brochure is also permissible.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions, including the lawyer-advertising rules. 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 Treat this page as historical context, not current guidance.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 keep the firm brochure in the waiting room?

A: Per the opinion, yes, as long as the brochure complies with Rule 7.1 and contains the specialty disclaimer required by Rule 7.4.

Q: Can I mail the brochure out?

A: Per the opinion, mailing the brochure is permissible because distribution is limited to persons who are already clients.

Q: What does Rule 7.4 require the brochure to include?

A: Per the opinion, the required specialty disclaimer of Rule 7.4. The panel conditioned use of the brochure on including that disclaimer along with compliance with Rule 7.1.

Background and rules framework

The opinion applies Rhode Island Rules 7.1 and 7.4, corresponding to Model Rules 7.1 (communications concerning a lawyer's services) and 7.4 (communication of fields of practice and specialization). The panel treated the waiting-room brochure as a communication about the firm's services that must not be false or misleading under Rule 7.1 and must carry the specialty disclaimer required by Rule 7.4. The panel treated the mailing separately and permitted it because the recipients were limited to existing clients.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.4 (communication of fields of practice)
• RI RPC 7.1, RI RPC 7.4

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-17: A Divorce Booklet Advertisement Needs the Rule 7.4 Specialization Disclaimer
• RI EAP Op. 91-50: A "Benefits for the Injured" Sign Is Misleading Under Rule 7.1
• RI EAP Op. 91-25: A Bankruptcy Solicitation Letter Must Be Marked "Advertisement"

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%2091-68.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 #91-68, Request #189
Issued September 19, 1991

An attorney seeks Panel advice regarding the proper use of a brochure by the attorney's law firm.

The Panel advises that the brochure may be put in the attorney's waiting room as long as it complies with Rhode Island Rule of Professional Conduct 7.1 and contains the required specialty disclaimer of Rule 7.4. Since mail distribution is to be limited to persons who are already clients, that is also permissible.