Can a law firm mail seminar invitations to non-clients and follow up by phone without violating the solicitation rule?

Plain-English summary

A firm asked about solicitation and prospective clients. The committee was of the opinion that the firm may send written invitations to seminars to both clients and non-clients, and may follow up those invitations with telephone calls to non-clients so long as the calls do not involve solicitation of legal business. If non-clients attend the seminars, the firm may not telephone them for the purpose of soliciting legal business.

If a person who is not a former client asks questions after a seminar, the firm may not by telephone solicit legal business unless the conversation establishes a lawyer-client relationship. Finally, the firm may telephone new businesses opening in the area so long as the call does not involve direct solicitation of clients.

Currency note

This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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: Can a firm mail seminar invitations to non-clients?

A: Yes. The committee was of the opinion that the firm may send written seminar invitations to both clients and non-clients.

Q: Can the firm make follow-up phone calls to non-clients?

A: The committee said follow-up calls to non-clients are permissible so long as the calls do not involve solicitation of legal business.

Q: Can the firm call seminar attendees or people who asked questions afterward to solicit work?

A: No, not by telephone for the purpose of soliciting legal business, unless the conversation establishes a lawyer-client relationship.

Q: Can the firm call new businesses opening in the area?

A: The committee said the firm may do so as long as the call does not involve direct solicitation of clients.

Background and rules framework

The opinion applied RPC 7.3(a) (solicitation of clients), corresponding to ABA Model Rule 7.3, which restricts in-person and live telephone solicitation of prospective clients for the lawyer's pecuniary gain. The committee drew the line at the purpose of the contact: written seminar invitations and non-soliciting follow-up calls were permitted, while telephone contact aimed at soliciting legal business was not.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)

See also

• ABA Formal Op. 501: Solicitation Under Rule 7.3
• WA Ethics Op. 1218: Targeted Direct Mail Solicitation

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=555

Original opinion text

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

Advisory Opinion: 1475
Year Issued: 1992
RPC(s): RPC 7.3(a)
Subject: Solicitation; written and telephone contact with non-clients

The Committee reviewed your inquiry concerning the issue about solicitation and prospective clients. First, the Committee was of the opinion that your law firm may send written invitations to seminars to clients and non-clients. You may follow-up these invitations with telephone calls to non-clients so long as those calls do not involve the solicitation of legal business. Similarly, if non-clients attend those seminars, your firm may not telephone them with the purpose of soliciting legal business.

If a person attending the seminar who is not formerly a client asks questions after the seminar, your firm may not by telephone solicit legal business unless the conversation establishes a lawyer/client relationship. Finally, your firm may telephone new businesses opening in the area so long as that call does not involve direct solicitation of clients.