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Can a lawyer accept clients who come to the lawyer after reading the lawyer's book or attending an educational seminar the lawyer gave?

Short answer The opinion concluded that nothing in SCR 20:7.2 or 20:7.3 prohibited a lawyer, subject to SCR 20:7.1, from accepting clients who contacted the lawyer because of a book, audiotape, or videotape, and that a lawyer could self-sponsor or take part in an educational seminar regardless of the sponsor's identity. But where a seminar's sponsor was not one of the organizations described in SCR 20:7.3(c)(2) or (3), the committee read SCR 20:7.3(e) to bar the lawyer from providing representation requested as a result of the lawyer's participation. The State Bar flags this opinion as withdrawn in part.
Bar
WISBAR
Issued
1989
Source
View Original PDF

Apply this to your situation

This page answers the general question as of 1989. Ask about yours and see what the current Wisconsin Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

Opinion E-89-1 addressed two questions about lawyers who educate the public on legal matters and then accept resulting work. First, whether a lawyer may accept clients who decide to contact the lawyer as a result of the lawyer's authorship of a book, audiotape, or videotape. Second, whether a lawyer may self-sponsor an educational seminar open to a targeted or general audience, or participate in a seminar sponsored by an organization not enumerated under SCR 20:7.3(c)(2) or (3), and provide representation requested by persons attending either type of seminar.

On the first question, the committee concluded that, subject to SCR 20:7.1, nothing in SCR 20:7.2 or SCR 20:7.3 prohibited the conduct. On the second, the committee concluded that a lawyer may self-sponsor or participate in an educational seminar regardless of the sponsor's identity, but that if the sponsor is of a kind other than those specified under SCR 20:7.3(c)(2) or (3), then SCR 20:7.3(e) prohibits the participating lawyer from providing representation requested as a result of the lawyer's participation. The committee quoted SCR 20:7.3(c)(2) and (3), which describe public or charitable legal services organizations and bona fide political, social, civic, fraternal, employee, or trade organizations whose purposes include providing or recommending legal services related to the organization's principal purposes, and SCR 20:7.3(e), which preserves a lawyer's ability to provide representation requested as a result of educational activities conducted or sponsored by such organizations.

Currency note

The State Bar of Wisconsin flags this opinion as withdrawn in part; it is indexed here as historical research and should not be treated as current guidance. This opinion was also issued in 1989, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update). The solicitation and advertising rules in SCR 20:7.1 through 20:7.3, including the seminar-participation provisions of SCR 20:7.3, have since been substantially revised. Subsequent rule amendments or later opinions may have changed the analysis. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a lawyer accept clients who reached out after reading the lawyer's book or watching a tape?

A: Per the opinion, yes. The committee concluded that, subject to SCR 20:7.1, nothing in SCR 20:7.2 or 20:7.3 prohibited accepting clients who contacted the lawyer as a result of authoring a book, audiotape, or videotape.

Q: Could a lawyer give an educational seminar and then represent attendees?

A: The committee concluded a lawyer could self-sponsor or take part in a seminar regardless of the sponsor, but that under SCR 20:7.3(e) the lawyer could not provide representation requested as a result of participating where the sponsor was not described in SCR 20:7.3(c)(2) or (3).

Q: Is this opinion still good guidance?

A: No. The State Bar flags it as withdrawn in part, and it predates Wisconsin's 2007 rule revisions, so it is indexed as historical context rather than current guidance.

Background and rules framework

The opinion interpreted the then-existing solicitation and advertising rules SCR 20:7.1 through 20:7.3 / Model Rules 7.1 through 7.3, focusing on the seminar-participation conditions in SCR 20:7.3(c) and (e), as applied to lawyers who educate the public and accept resulting work.

Citations and references

Rules of Professional Conduct:

  • Wis. SCR 20:7.1 / Model Rule 7.1 (communications about a lawyer's services)
  • Wis. SCR 20:7.2 / Model Rule 7.2 (advertising)
  • Wis. SCR 20:7.3 / Model Rule 7.3 (solicitation; educational activities and seminar sponsors)

See also

Source

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