Can a Washington lawyer use targeted direct mail to solicit clients?

Plain-English summary

The inquiry asked about targeted direct mail solicitation. The committee responded that the question had been overtaken by two developments while the inquiry was under review.

First, the United States Supreme Court announced its opinion in Shapero v. Kentucky Bar Association, ruling that targeted direct mail is constitutionally protected. Second, the Washington State Supreme Court amended RPC 7.3 to permit targeted direct mail solicitation.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule it discusses, RPC 7.3 (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 Treat this page as historical context, not current guidance.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: Did the committee prohibit targeted direct mail?

A: No. The committee observed that the United States Supreme Court had ruled in Shapero v. Kentucky Bar Association that targeted direct mail is constitutionally protected, and that the Washington Supreme Court had amended RPC 7.3 to permit it.

Q: Why did the committee point to a rule amendment instead of issuing its own holding?

A: Per the opinion, the inquiry was still under review by the Rules of Professional Conduct Committee when Shapero and the amendment to RPC 7.3 resolved the question, so the committee reported those developments rather than deciding the question independently.

Background and rules framework

The opinion concerns Washington RPC 7.3 (direct contact with prospective clients), corresponding to Model Rule 7.3. The committee tied its response to Shapero v. Kentucky Bar Association, in which the United States Supreme Court held targeted direct mail to be constitutionally protected, and to the Washington Supreme Court's amendment of RPC 7.3 to permit targeted direct mail solicitation.

Citations and references

Rules of Professional Conduct:

• Washington RPC 7.3 (direct contact with prospective clients), corresponding to Model Rule 7.3.

Cases:

• Shapero v. Kentucky Bar Association (U.S. Supreme Court): targeted direct mail is constitutionally protected.

See also

• WSBA Ethics Op. 1085: direct-mail advertising to a purchased list of CPAs
• WSBA Ethics Op. 1197: firm-branded payment books distributed by an escrow company
• WSBA Ethics Op. 1153: donated legal-service certificates as public-radio premiums

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=298

Original opinion text

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

Advisory Opinion: 1218
Year Issued: 1988
RPC(s): RPC 7.3
Subject: Targeted direct mail solicitation

As you are no doubt aware, while your inquiry concerning targeted direct mail was under review by the Rules of Professional Conduct Committee, the United States Supreme Court announced its opinion in Shapero v. Kentucky Bar Association, ruling that targeted direct mail is constitutionally protected. As you may also be aware, the Washington State Supreme Court amended RPC 7.3 to permit targeted direct mail solicitation.