Can a lawyer give an escrow company payment books printed with the firm's name and contact information for free distribution?
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This page answers the general question as of 1988. 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
The inquiry concerned whether the lawyer could place with a client escrow company, for free distribution, payment books that have printed on them that they are provided courtesy of the lawyer's law firm, with the firm's address and telephone number.
The committee was of the opinion that nothing in the Rules of Professional Conduct, specifically RPC 7.3, would prohibit such conduct.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 7.3, governing direct contact with prospective clients, corresponds to Model Rule 7.3 and has since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a firm hand out payment books printed with its name and contact information?
A: Per the opinion, yes. The committee was of the opinion that nothing in the Rules of Professional Conduct, specifically RPC 7.3, would prohibit placing such payment books with a client escrow company for free distribution.
Q: Which rule did the committee analyze?
A: The committee analyzed RPC 7.3, governing direct contact with prospective clients, and found that it did not prohibit the firm-branded payment books described.
Background and rules framework
The opinion applies the rule then numbered Washington RPC 7.3, corresponding to Model Rule 7.3, which governs direct contact with prospective clients. The committee found that placing firm-branded payment books with an escrow company for free distribution was not the kind of contact RPC 7.3 prohibits.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.3 (direct contact with prospective clients), corresponding to Model Rule 7.3.
See also
- WSBA Ethics Op. 1188: referrals via a religious-organization solicitor
- WSBA Ethics Op. 1148: contacting real estate brokers for closing referrals
- WSBA Ethics Op. 1155: direct-mail letters to a trade group's mailing list
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=277
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1197
Year Issued: 1988
RPC(s): RPC 7.3
Subject: Advertising; payment books imprinted with law firm name
The Committee considered your inquiry concerning whether you could place with a client escrow company for free distribution, payment books that have printed on them that they are provided courtesy of your law firm with your law firm's address and telephone number. The Committee was of the opinion that nothing in the Rules of Professional Conduct, specifically RPC 7.3, would prohibit such conduct.
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