Can a Washington lawyer solicit clients by mail using a commercial mailing list, and place an offer of services inside another company's mass mailer?

Plain-English summary

The committee was of the opinion that a lawyer may solicit professional employment by mail from a prospective client with whom the lawyer has no family or prior professional relationship, and that using a commercially available mass mailing list for that purpose is permissible.

The committee was further of the opinion that a lawyer may include, within another company's mass mailer, a description of the legal services available from the firm, a short statement about the state of the law as a public service, and the fees charged for those services, provided that nothing in the other materials indicates that the other company is recommending the lawyer or law firm. The committee specifically rendered no opinion on the content of any such mailing, other than to note that any solicitation could not be false, misleading, or deceptive.

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(a) (solicitation and 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 Treat this page as historical context, not current guidance.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 lawyer solicit a stranger by mail using a purchased mailing list?

A: Per the opinion, yes. The committee was of the opinion that a lawyer may solicit by mail a prospective client with no family or prior professional relationship and may use a commercially available mass mailing list.

Q: Can a lawyer place an offer of services inside another company's mass mailer?

A: Per the opinion, yes, with a condition. The committee permitted including a description of services, a public-service note on the state of the law, and the firm's fees, provided nothing in the other materials indicates the company is recommending the lawyer or firm.

Q: Did the committee approve the wording of such a mailing?

A: No. The committee specifically rendered no opinion on the content of any such mailing, except to note that any solicitation could not be false, misleading, or deceptive.

Background and rules framework

The opinion interprets Washington RPC 7.3(a) (solicitation and direct contact with prospective clients), corresponding to Model Rule 7.3. The committee allowed direct mail solicitation of strangers and the use of commercial mailing lists, and allowed a firm to place its service description, a public-service legal note, and fees inside another company's mailer, with the limit that the materials must not suggest the company endorses the firm and the solicitation must not be false, misleading, or deceptive.

Citations and references

Rules of Professional Conduct:

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

See also

• WSBA Ethics Op. 1218: targeted direct mail after Shapero and the amendment to RPC 7.3
• 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

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=305

Original opinion text

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

Advisory Opinion: 1225
Year Issued: 1988
RPC(s): RPC 7.3(a)
Subject: Direct mail solicitation

The Committee was of the opinion that a lawyer may solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship by mail and that it is permissible to use a commercially available mass mailing list for this purpose. The Committee was further of the opinion that it is permissible to include within another company's mass mailer a description of legal services available from the law firm, a short statement regarding the state of the law as a public service and the fees so charged for services performed by the law firm, provided that nothing in other materials indicates that the other company is recommending the services of the lawyer or law firm. The Committee specifically renders no opinion regarding the content of any such mailing, other than to note that any solicitation could not be false, misleading or deceptive.