Can a lawyer mail advertising letters to people listed on a court docket?

Plain-English summary

The inquiry concerned a lawyer mailing letters advertising the lawyer's services to individuals whose names appear on a municipal court docket. The committee concluded that RPC 7.3(b) permits a lawyer to communicate in writing with prospective clients unless the prospective client has made known to the lawyer that he does not wish to receive such communications. Such communications must conform to RPC 7.1 and 7.2.

The committee added a caution. Although the inquiring lawyer did not directly ask about the legality of using court lists, the committee stated that it takes no position on whether those docket listings may be used for the purposes proposed.

Currency note

This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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. Washington's lawyer-advertising and solicitation rules (RPC 7.1, 7.2, and 7.3) were revised in the 2006 revisions and in later amendments, so verify the current rule text before relying on it.

Common questions

Q: Can a lawyer send advertising letters to people on a court docket?

A: Yes. The committee concluded that RPC 7.3(b) permits written communication with prospective clients unless the person has made known a wish not to receive such communications, and the letters must conform to RPC 7.1 and 7.2.

Q: Did the committee approve using the court docket as a mailing list?

A: No. The committee said it takes no position on whether the docket listings may be used for the purposes the lawyer proposed.

Background and rules framework

The opinion applied Washington RPC 7.3(b) (written direct contact with prospective clients, MR 7.3), together with RPC 7.1 (communications concerning a lawyer's services, MR 7.1) and RPC 7.2 (advertising, MR 7.2). It treated the targeted mailing as permitted written solicitation, subject to the recipient's right to opt out and to the general truthfulness and advertising requirements, while declining to address the separate question of whether the docket list could be used.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
• ABA Model Rule 7.2 (advertising); Washington RPC 7.2
• ABA Model Rule 7.3 (direct contact with prospective clients); Washington RPC 7.3(b)

See also

• WA Ethics Op. 1587: Direct Mail to Arrested Persons
• WSBA Ethics Op. 1218: Targeted Direct Mail
• WA Ethics Op. 1877: Brochures at a Chiropractor

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1077

Original opinion text

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

Advisory Opinion: 1884
Year Issued: 1999
RPC(s): RPC 7.1; 7.2; 7.3(b)
Subject: Advertising; solicitation; lawyer mailing letters to parties listed on court docket

The inquiry concerns the ethical considerations of the inquiring lawyer mailing letters advertising his services to individuals whose names appear on a municipal court docket. The committee opined that RPC 7.3(b) permits a lawyer to communicate in writing with prospective clients unless the prospective client has made it known to the lawyer that he does not wish to receive such communications from the lawyer. Such communications must conform to RPC 7.1 and 7.2.

Although you did not directly ask the committee about the legality of using court lists, the committee wishes to caution you that it takes no position on whether those docket listings may be used for the purposes you propose.