WSBA 1987

Can a lawyer send a solicitation letter and brochure to a purchased mailing list of CPAs in several states?

Short answer: Yes. The committee was of the opinion that RPC 7.2(a) permits a lawyer to mail a solicitation letter and brochure to a purchased list of all certified public accountants in Washington, Alaska, Oregon, and Idaho, provided the letter and brochure are neither misleading nor deceptive.

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This page answers the general question as of 1987. 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 1987
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 Not binding precedent.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 Rules of Professional Conduct would not prohibit a lawyer from mailing a solicitation letter and brochure, drawn from a purchased mailing list containing the names of all certified public accountants in Washington, Alaska, Oregon, and Idaho, provided that the information in the letter and brochure was neither misleading nor deceptive.

The committee was of the opinion that RPC 7.2(a) would permit this form of advertising.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The advertising rule then numbered RPC 7.2(a) corresponds to Model Rule 7.2 and was later amended, and the constitutional law governing targeted lawyer mailings developed in later case law. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a lawyer buy a mailing list and send letters advertising legal services to the people on it?

A: Per the opinion, yes on these facts. The committee was of the opinion that RPC 7.2(a) would permit mailing a solicitation letter and brochure to a purchased list of CPAs, provided the content was neither misleading nor deceptive.

Q: Was there any limit the committee attached to the mailing?

A: Yes. The committee conditioned its conclusion on the letter and brochure being neither misleading nor deceptive.

Background and rules framework

The opinion applies Washington RPC 7.2(a) (advertising), corresponding to Model Rule 7.2. The committee treated a targeted direct-mail letter and brochure to a purchased professional list as permissible advertising rather than prohibited conduct, with the no-misleading-and-no-deceptive-content condition as the operative limit.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 7.2(a) (advertising), corresponding to Model Rule 7.2.

See also

Source

Original opinion text

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

Advisory Opinion: 1085
Year Issued: 1987
RPC(s): RPC 7.2(a)
Subject: Solicitation; direct mail advertising

The Committee was of the opinion that the Rules of Professional Conduct would not prohibit a lawyer from mailing a solicitation letter and brochure from a purchased mailing list containing names of all certified public accountants in Washington, Alaska, Oregon, and Idaho provided that the information contained in the letter and brochure was neither misleading nor deceptive. The Committee was of the opinion that Rule 7.2(a) would permit this form of advertising.

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