After mailing a prospective client an advertising letter or brochure, can a lawyer follow up with a phone call to that person?
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This page answers the general question as of 1983. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
Opinion E-83-16 addressed whether an attorney may telephone prospective clients after mailing them an advertisement in the form of a letter or brochure. The committee viewed such follow-up calls as improper.
The committee explained that SCR 20.08(7) permitted a lawyer to advertise availability to provide legal services, with false, misleading, deceptive, or unfair advertising being misconduct. But it noted that the advertising rule was limited by SCR 20.08(8), which provided that Wis. Stat. sec. 757.295 was not superseded by SCR 20.08(7), and that sec. 757.295 prohibited solicitation of legal business. The committee added that the Wisconsin Supreme Court had stated attorneys must avoid solicitation and the appearance of solicitation, citing State v. Gulbankian and In re Estate of Devroy. Against that background, the proposed follow-up calls would be improper as contrary to Wis. Stat. sec. 757.295 (1981-82) and the court's recent decisions.
Currency note
This opinion was issued in 1983, 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's advertising rule (SCR 20.08(7)-(8)) together with the anti-solicitation statute as it then read. Solicitation by live telephone contact is now governed by SCR 20:7.3 / Model Rule 7.3. Subsequent rule amendments, court decisions, and 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 Treat this page as historical context, not current guidance.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 a Wisconsin lawyer call a prospective client to follow up on a mailed advertisement?
A: No. At the time of the opinion the committee found such follow-up calls improper, treating them as solicitation contrary to Wis. Stat. sec. 757.295.
Q: Did the advertising rule permitting mailed ads also permit the follow-up call?
A: No. The committee read SCR 20.08(8) as preserving the anti-solicitation statute, so the advertising rule did not authorize the telephone follow-up.
Background and rules framework
The opinion interpreted the former Code's advertising provision (SCR 20.08(7)) and its express subordination to Wis. Stat. sec. 757.295 via SCR 20.08(8), read alongside Wisconsin Supreme Court decisions requiring attorneys to avoid solicitation and its appearance. Live telephone solicitation of prospective clients is now addressed by SCR 20:7.3 / Model Rule 7.3.
Citations and references
Rules of Professional Conduct:
- Wis. SCR 20.08(7), 20.08(8) / Model Rule 7.2-7.3 (advertising and solicitation) (former Code provisions)
Statutes:
- Wis. Stat. sec. 757.295 (1981-82) (prohibition on solicitation of legal business)
Cases:
- State v. Gulbankian, 54 Wis. 2d 605, 196 N.W.2d 733 (1972), attorneys must avoid solicitation
- In re Estate of Devroy, 109 Wis. 2d 154, 325 N.W.2d 345 (1982), solicitation and its appearance
See also
- WI Ethics Op. E-84-13: Direct Mail Advertising
- WI Ethics Op. E-89-6: Advertising Through Welcome Wagon
- WI Ethics Op. E-87-7: For-Profit Lawyer Referral Services
Source
- Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
- Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-83-16.pdf
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