Is a brochure used for direct-mail solicitation proper, and what record must a lawyer keep of the mailing?
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This page answers the general question as of 1989. 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
A lawyer asked the committee to review a brochure intended for use in direct-mail solicitation. The committee found nothing improper with either the proposal or the brochure. It expressly limited its review: it rendered no opinion on the content of the brochure other than to note that the content must comply with RPC 7.1.
The committee also directed the lawyer's attention to RPC 7.2(b), which requires that a copy of any such written communication be maintained for two years after its last dissemination, along with a record of when and where it was used.
Currency note
This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Is direct-mail solicitation by brochure permitted?
A: Under this 1989 opinion, the committee found nothing improper in the proposed direct-mail solicitation or the brochure itself.
Q: Did the committee approve the brochure's specific content?
A: No. It rendered no opinion on the content other than to require that the brochure comply with RPC 7.1.
Q: What record must the lawyer keep of the mailing?
A: Under RPC 7.2(b), a copy of the written communication must be maintained for two years after its last dissemination, along with a record of when and where it was used.
Background and rules framework
RPC 7.1, Washington's version of ABA Model Rule 7.1, governs communications about a lawyer's services and prohibits false or misleading communications. The committee conditioned the brochure's propriety on compliance with that rule. RPC 7.2(b), corresponding to the then-current Model Rule 7.2 recordkeeping provision, requires a lawyer to retain a copy of any written advertising or solicitation communication for two years after its last dissemination, together with a record of when and where it was used.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.1 (communications concerning a lawyer's services)
- ABA Model Rule 7.2 (advertising; recordkeeping for written communications)
- Washington RPC 7.1; RPC 7.2(b)
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=355
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your proposed brochure that you intend to use in direct mail solicitation. The Committee found nothing improper with either your proposal or the brochure, although the Committee rendered no opinion on the content of the brochure other than to note that it must comply with RPC 7.1. Also, the Committee directed that I remind you of the requirement of RPC 7.2(b) that a copy of any such written communication be maintained by you for two years after its last dissemination along with a record of when and where it was used.
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