WSBA 1986

Can a lawyer send a letter advertising legal services to the mayor of a city?

Short answer: The committee concluded that a proposed letter advertising legal services to the mayor was not a prohibited solicitation under RPC 7.3, while noting it was the lawyer's responsibility to ensure any such advertisement complied with RPC 7.1 and 7.2.

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This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1986
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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) is the authoritative source for any reliance.

Plain-English summary

The committee was of the opinion that the inquirer's proposed letter advertising legal services to the mayor of the city was not a prohibited solicitation under RPC 7.3. The committee noted that it could not address the specific language of such a letter.

The committee did point out that it is the lawyer's responsibility to be sure that any such advertisement complies with RPC 7.1 and 7.2.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. The RPC 7.1, 7.2, and 7.3 rules on advertising and solicitation were later renumbered and amended, and lawyer-advertising restrictions have been the subject of significant constitutional litigation. Treat this page as historical context, not current guidance.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: Is a letter advertising a lawyer's services to a city's mayor a prohibited solicitation?

A: Under this opinion, no. The committee was of the opinion that the proposed letter advertising legal services to the mayor was not a prohibited solicitation under RPC 7.3.

Q: Did the committee bless the specific wording of the letter?

A: No. The committee noted it could not address the specific language and said it is the lawyer's responsibility to be sure the advertisement complies with RPC 7.1 and 7.2.

Background and rules framework

The opinion applies Washington RPC 7.1, 7.2, and 7.3 on lawyer advertising and solicitation, corresponding to Model Rules 7.1, 7.2, and 7.3. The committee treated the mailing as advertising rather than prohibited solicitation under RPC 7.3 and left compliance with RPC 7.1 and 7.2 to the lawyer.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 7.1 (communications concerning a lawyer's services), corresponding to Model Rule 7.1.
  • Washington RPC 7.2 (advertising), corresponding to Model Rule 7.2.
  • Washington RPC 7.3 (direct contact with prospective clients), corresponding to Model Rule 7.3.

See also

Source

Original opinion text

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

Advisory Opinion: 1038
Year Issued: 1986
RPC(s): RPC 7.1; 7.2; 7.3
Subject: Mail solicitation

The Committee was of the opinion that your proposed letter advertising your legal services to the mayor of the city is not a prohibited solicitation under RPC 7.3. Although the Committee cannot address specific language in such matters, it did want to point out that it is the lawyer's responsibility to be sure that any such advertisement complies with Rules 7.1 and 7.2.

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