Can a lawyer use a daily list of arrested persons to send them direct-mail letters offering legal services?

Plain-English summary

A lawyer asked whether participating in a marketing program would violate RPC 7.3(a). Under the program, the lawyer receives a daily list of persons who have been arrested and uses it to forward a letter offering professional services.

The committee was of the opinion that the proposed conduct does not violate the Rules of Professional Conduct, but that care must be taken to comply with RPC 7.1, 7.2, and 7.4.

Currency note

This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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 lawyer send direct-mail letters to people who were just arrested?

A: The committee said the described program, a daily arrest list used to mail offers of service, does not violate the Rules of Professional Conduct, including RPC 7.3(a).

Q: What conditions did the committee attach?

A: The committee said the lawyer must take care to comply with RPC 7.1, 7.2, and 7.4, which address communications about a lawyer's services, advertising, and communication of fields of practice.

Background and rules framework

The opinion applied Washington's lawyer-advertising rules: RPC 7.3(a) (ABA Model Rule 7.3) on solicitation, and RPC 7.1, 7.2, and 7.4 (ABA Model Rules 7.1, 7.2, and 7.4) on communications about a lawyer's services, advertising, and communication of fields of practice. The committee treated targeted direct mail to arrested persons as permissible solicitation, conditioned on compliance with the remaining advertising rules.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications about a lawyer's services); Washington RPC 7.1
• ABA Model Rule 7.2 (advertising); Washington RPC 7.2
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)
• ABA Model Rule 7.4 (communication of fields of practice); Washington RPC 7.4

See also

• WA Ethics Op. 1038: Mail Solicitation Letter to a Mayor
• WA Ethics Op. 1085: Direct-Mail Advertising to CPAs
• WA Ethics Op. 1561: In-Person Solicitation for a Law School Clinic

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=668

Original opinion text

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

Advisory Opinion: 1587
Year Issued: 1994
RPC(s): RPC 7.1; 7.2; 7.3(a); 7.4
Subject: Advertising; solicitation; direct mail

The Committee reviewed your inquiry requesting an opinion on the issue of whether participation in [a marketing program] would violate RPC 7.3(a). [The program provides the lawyer with a daily list of persons arrested, which the lawyer uses to forward a letter offering professional services.] The Committee was of the opinion that the proposed conduct does not violate the Rules of Professional Conduct, but that care must be take to comply with RPC 7.1, 7.2, and 7.4.