May I send a letter to other Rhode Island lawyers touting my firm's litigation experience, and do the solicitation rules apply?

Plain-English summary

The inquiring attorney asked whether the attorney may distribute a letter to members of the bar. As a threshold matter, the panel declined to edit documents and therefore could not give general approval to the advertisement, citing Advisory Opinion #90-18.

The panel found that the announcement is an advertisement directed exclusively to Rhode Island attorneys and not to the general public. Its subject concentrates on the law firm's experience in a specific area of litigation, and it includes a newspaper clipping highlighting a recent litigation success by the same firm.

The panel set out the governing rules. Rule 7.1 provides that a lawyer may not make a false or misleading communication about the lawyer or the lawyer's services. Rule 7.4 provides that a lawyer may not indicate that the lawyer's practice is limited to or concentrated in particular fields unless the same communication also states that Rhode Island has no procedure for certification or recognition of specialization. To meet Rule 7.1, the advertisement cannot contain false or misleading statements, and the Rule 7.4 disclaimer must be included.

The panel took the position that this announcement is permissible under the rules, but stressed that it would reach a different conclusion if the announcement were circulated beyond the legal community to include prospective clients. The panel noted that the additional requirements and restrictions of Rules 7.2 and 7.3 are intended to protect laypersons and are not activated by communications from one attorney solely and specifically to other attorneys.

Currency note

This opinion was issued in 1992, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies the advertising Rules 7.1 through 7.4 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, and the lawyer-advertising rules have since been amended. 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 Treat this page as historical context, not current guidance.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: May I send a firm announcement letter to other lawyers?

A: Per the opinion, yes; a letter directed exclusively to Rhode Island attorneys is permissible, provided it is not false or misleading and includes the Rule 7.4 disclaimer.

Q: Do the solicitation and advertising restrictions in Rules 7.2 and 7.3 apply to a lawyer-only letter?

A: Per the opinion, no; the additional requirements of Rules 7.2 and 7.3 protect laypersons and are not activated by communications from one attorney solely and specifically to other attorneys.

Q: What if I circulate the same announcement to potential clients?

A: Per the opinion, the panel stated it would reach a different conclusion if the announcement were circulated beyond the legal community to include prospective clients.

Background and rules framework

The opinion applies Rhode Island Rules 7.1 through 7.4, corresponding to the same-numbered Model Rules. Rule 7.1 bars false or misleading communications; Rule 7.4 requires the specialization disclaimer for any claim of concentration of practice; and the panel read the layperson-protective requirements of Rules 7.2 (advertising) and 7.3 (solicitation) as not reaching a communication sent solely to other attorneys.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services)
• MR 7.2 (advertising)
• MR 7.3 (solicitation of clients)
• MR 7.4 (communication of fields of practice)
• RI RPC 7.1, 7.2, 7.3, 7.4

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• RI EAP Advisory Opinion #90-18: the panel declines to edit documents and give general approval to advertisements.

See also

• RI EAP Op. 92-20: Advertisement Fields-of-Practice Disclaimer
• RI EAP Op. 2016-07: Lawyer-to-Lawyer Referral Emails Are Not Solicitation or Advertising
• RI EAP Op. 91-61: Class-Action Solicitation Advertisement Governed by 7.2 and 7.3

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%2092-22.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 #92-22, Request #239
Issued May 20, 1992

An attorney seeks Panel advice regarding whether or not the attorney may distribute a letter to members of the bar. As a threshold matter, the Panel declines to embark on the task of editing documents, and therefore cannot give general approval to the advertisement. See, Advisory Opinion #90-18.

The Panel believes that the announcement is an advertisement directed exclusively to Rhode Island attorneys and not the general public. The subject of the letter concentrates on the law firm's experience in a specific area of litigation. Also included is a newspaper clipping on law which highlights a recent litigation success by the same firm.

Rule 7.1 of the Rhode Island Rules of Professional Conduct states that "a lawyer may not make a false or misleading communication about the lawyer or the lawyer's services." Rule 7.4 states that "A lawyer may not ... indicate that his or her practice is limited to or concentrated in particular fields of law unless, as part of the same communication the lawyer also indicates that Rhode Island does not have a procedure for certification or recognition of specialization by lawyers."

To clearly meet the requirements of Rule 7.1, the attorney's advertisement cannot contain any false or misleading statements regarding the attorney or the attorney's services. The disclaimer required by Rule 7.4 must be included within the advertisement.

In taking the position that this announcement is permissible under the Rules of Professional Conduct, the Panel stresses that it would reach a different conclusion if the announcement were to be circulated beyond members of the legal community including prospective clients. The Panel notes that of Rules 7.2 and 7.3 the additional requirements and restrictions set forth therein are intended to protect laypersons and are not activated by communications from one attorney solely and specifically to other attorneys.