Can a lawyer send a solicitation letter and brochure to a purchased mailing list of CPAs in several states?
Apply this to your situation
This page answers the general question as of 1987. Ask about yours and see what the current Washington Rules of Professional Conduct says for your facts, with citations.
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 Treat this page as historical context, not current guidance.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
- WSBA Ethics Op. 1038: a letter advertising legal services to a city's mayor
- WSBA Ethics Op. 1018: distributing a firm brochure to insurers and other referral sources
- WSBA Ethics Op. 918: a "no recovery, no fee" advertisement and a "firm that gets results" claim
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=191
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.
What do the rules say today, for your facts?
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