Can a law firm publish a newsletter of general legal information and mail it to clients and acquaintances under the firm's name?

Plain-English summary

Opinion E-82-1 asked whether a law firm could publish a newsletter containing general information on a designated area of law, written by a firm attorney and bearing the firm's name, to be sent to clients and acquaintances of the firm's members.

The committee concluded it would be proper, subject to the limits in SCR 20.06. First, the publication must be motivated by a desire to benefit the public rather than to obtain publicity or employment for particular lawyers (SCR 20.06(2)(a)). Second, it must refrain from giving or appearing to give a general solution applicable to all apparently similar individual problems, since slight factual changes may require materially different advice, and readers should be cautioned not to try to solve individual problems from the newsletter; the newsletter must not be false, fraudulent, or misleading (SCR 20.06(2)(d)). Third, a lawyer who volunteers that someone should seek a lawyer generally should not then accept the resulting employment. On the firm's name, the committee adopted the ABA Committee's position, citing ABA Informal Opinions 1390 and 1464, that the Code does not prohibit listing the author's law firm in the newsletter. It withdrew Wisconsin State Bar Memo Opinion 2/77 to the extent inconsistent.

Currency note

This opinion was issued in 1982, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code provisions cited in the opinion. Lawyer advertising and communications about services are now governed by SCR 20:7.1 and 20:7.2 / Model Rules 7.1 and 7.2, and constitutional limits on advertising rules have developed substantially since 1982. 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 Treat this page as historical context, not current guidance.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: Could the firm mail a legal-information newsletter to clients and acquaintances?

A: Yes. The committee concluded such a newsletter is proper if it helps readers recognize legal problems, is not misleading, and does not appear to give a one-size-fits-all solution.

Q: Could the newsletter carry the law firm's name?

A: Yes. The committee adopted the ABA position, citing ABA Informal Opinions 1390 and 1464, that listing the author's law firm is not prohibited.

Q: What limits did the committee place on the content?

A: It must be motivated to benefit the public rather than to get employment, must not appear to give a general solution to all similar problems, and must not be false, fraudulent, or misleading.

Background and rules framework

The opinion interpreted the former Wisconsin Supreme Court Rule on public legal education and its limits (SCR 20.06), guided by ABA informal opinions on listing firm names. The current counterparts are the rules on truthful communications and advertising, SCR 20:7.1 and 20:7.2 / Model Rules 7.1 and 7.2.

Citations and references

Rules of Professional Conduct:

• Wis. SCR 20.06 (public legal education; not giving general solutions; not misleading) (former Code)
• Model Rules 7.1, 7.2 (communications about services; advertising)

Other opinions cited:

• ABA Informal Opinion 1390: listing lawyers and firms in written materials
• ABA Informal Opinion 1464: listing the name of the law firm
• Wisconsin State Bar Memo Opinion 2/77: withdrawn to the extent inconsistent

See also

• WI Ethics Op. E-84-13: Direct Mail Advertising
• WI Ethics Op. E-82-8: Contacting Seminar Attendees
• WI Ethics Op. E-89-1: Public Education Activities and Resulting Clients

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-82-1.pdf