Can a lawyer send a letter to an accident victim soliciting personal injury work, and what must the mailing say?

Plain-English summary

The committee considered direct-mail solicitation of an automobile accident victim for personal injury work. It concluded that it is not ethically improper for an attorney to communicate directly with the victim by letter to solicit employment in a personal injury lawsuit, so long as the correspondence does not contain a false, fraudulent, misleading, or deceptive statement or claim. It cited DR 2-101(A) and LE Op. 606 (renumbered LE Op. 447 on 9/8/83).

Currency note

This opinion was issued in 1983, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note records that current Rule 7.1(c) requires, among other things, that the term "ADVERTISING MATERIAL" appear on the envelope. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a lawyer mail an accident victim to solicit the case?

A: Under this 1983 opinion, yes; the committee found direct-mail solicitation of an accident victim not improper so long as nothing in the letter was false, fraudulent, misleading, or deceptive.

Q: What does current law require on the mailing?

A: The committee note states that current Rule 7.1(c) requires the term "ADVERTISING MATERIAL" to appear on the envelope, among other things.

Q: How does this differ from in-person solicitation?

A: This opinion permitted a written, non-misleading mailing; in-person and telephone solicitation are treated more strictly under current Rule 7.3.

Background and rules framework

The opinion applies the former Code's DR 2-101(A) on advertising to a targeted solicitation letter, allowing it if not misleading. The committee note maps the question onto current Virginia Rule 7.1(c) and its envelope-labeling requirement, corresponding to ABA Model Rules 7.2 and 7.3 on lawyer advertising and solicitation.

Citations and references

Rules of Professional Conduct:

• DR 2-101(A) (advertising; no misleading statements) (former Code)
• Virginia Rule 7.1(c) ("ADVERTISING MATERIAL" envelope label) (cited in the committee note)
• ABA Model Rule 7.2 / Model Rule 7.3 (advertising; solicitation)

Other opinions cited:

• Virginia LE Op. 606 (renumbered LE Op. 447 on 9/8/83)

See also

• VA LEO 625: Soliciting an Accident Victim by Letter, Telephone, or in Person
• VA LEO 1750: Lawyer Advertising and Solicitation Compendium

Source

• Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
• Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0508.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

LEGAL ETHICS OPINION 508

SOLICITATION/DIRECT MAIL ADVERTISING.

It is not ethically improper for an attorney to communicate directly with an automobile accident victim by letter for the purpose of soliciting employment for himself in a personal injury law suit, so long as the correspondence to the accident victim does not contain a false, fraudulent, misleading or deceptive statement or claim. [ LE Op. 606, Renumbered LE Op. 447 on 9/8/83, DR:2-101(A) Virginia Code of Professional Responsibility]

Committee Opinion
March 30, 1983

Legal Ethics Committee Notes. – Rule 7.1(c) requires, among other things, that the term “ADVERTISING MATERIAL” appear on the envelope.