Can a firm that is the provider attorney for a group legal benefit plan let independent sales associates use the firm brochure to recruit plan members?
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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 inquiring lawyer's firm acted as the "provider attorney" for a group legal benefit plan, which intended to market the program through independent sales associates. The question concerned marketing the firm through an independent sales associate who would use the firm's brochure to contact potential group members.
The committee was of the opinion that, so long as the information in the brochure complies with RPC 7.1 concerning false or misleading communication, nothing in the rules prohibits solicitation as proposed.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules it discusses, RPC 7.1 (communications concerning a lawyer's services) and RPC 7.3 (direct contact with prospective clients), correspond to Model Rules 7.1 and 7.3 and have 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 Treat this page as historical context, not current guidance.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 provider-attorney firm let a sales associate use its brochure to recruit group legal plan members?
A: Per the opinion, yes. The committee was of the opinion that nothing in the rules prohibits the proposed solicitation, so long as the brochure complies with RPC 7.1.
Q: What is the limit on the brochure?
A: The committee conditioned its conclusion on the brochure's information complying with RPC 7.1 concerning false or misleading communication.
Background and rules framework
The opinion applies Washington RPC 7.1 (communications concerning a lawyer's services) and RPC 7.3 (direct contact with prospective clients), corresponding to Model Rules 7.1 and 7.3. The committee made the result turn on the content of the brochure: marketing a group legal benefit plan through an independent sales associate who uses the firm brochure is permissible so long as the brochure is not false or misleading under RPC 7.1.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.1 (communications concerning a lawyer's services), corresponding to Model Rule 7.1.
- Washington RPC 7.3 (direct contact with prospective clients), corresponding to Model Rule 7.3.
See also
- WSBA Ethics Op. 1150: a group advertising and referral program
- WSBA Ethics Op. 1018: a law firm brochure advertised to referral sources
- WSBA Ethics Op. 1238: a lawyer's audio tape on a company's information phone line
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=319
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1239
Year Issued: 1988
RPC(s): RPC 7.1; 7.3
Subject: Solicitation; group legal benefit plan; brochure; use of independent sales associate
The lawyer's firm acted as the "provider attorney" for a group legal benefit plan. The group legal benefit plan intended to market the program through independent sales associates. The Committee reviewed your inquiry regarding questions concerning the marketing of your law firm through an independent sales associate in which the sales associate would utilize your law firm brochure in contacting potential group members. The Committee was of the opinion that so long as the information contained in the brochure complies with RPC 7.1 concerning false or misleading communication, nothing in the rules prohibits solicitation as proposed by you.
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