Can a prepaid-plan lawyer make an unsolicited call to a potential client to discuss the answers they gave on a legal-needs questionnaire?

Plain-English summary

The inquiry came from a lawyer who is a legal service provider under a pre-paid legal service plan. The lawyer asked whether it is appropriate to use the results of a questionnaire or survey of an individual who may participate in the plan as a beneficiary to contact that individual and discuss the answers the person gave to the questionnaire.

The committee concluded that the use of information contained on the website to make an unsolicited call to a potential client to discuss his or her answers to a questionnaire about legal issues and the need for legal services violates RPC 7.3(a).

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 Treat this page as historical context, not current guidance.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 RPC 7.3 (direct contact with prospective clients) was revised in the 2006 revisions and in later amendments, so verify the current rule text before relying on it.

Common questions

Q: Can a prepaid-plan lawyer call a prospect to go over their questionnaire answers?

A: No. The committee concluded that making such an unsolicited call to discuss the person's answers about legal issues and the need for legal services violates RPC 7.3(a).

Q: Did it matter that the answers came from a website questionnaire?

A: The committee framed the conduct as using information on the website to make an unsolicited call to a potential client, and concluded that conduct violates RPC 7.3(a).

Background and rules framework

The opinion applied Washington RPC 7.3(a) (direct contact with prospective clients), corresponding to ABA Model Rule 7.3, which addresses live, in-person, or telephone solicitation of professional employment from a prospective client. The committee treated the prepaid-plan lawyer's unsolicited call prompted by the questionnaire answers as the kind of direct contact RPC 7.3(a) prohibits.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.3 (direct contact with prospective clients); Washington RPC 7.3(a)

See also

• WA Ethics Op. 1606: Lawyer Selling Insurance Door-to-Door
• WA Ethics Op. 1884: Mailing Ads to Docketed Parties
• WSBA Ethics Op. 1218: Targeted Direct Mail

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1084

Original opinion text

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

Advisory Opinion: 1890
Year Issued: 1999
RPC(s): RPC 7.3(a)
Subject: Unsolicited direct contact with potential client

The inquiring lawyer asks if it is appropriate, under the Rules of Professional Conduct for a lawyer, who is a legal service provider under a pre-paid legal service plan, to use the results of a questionnaire/survey of an individual who may participate in the plan as a beneficiary to contact the individual participant and discuss the answers given to the questionnaire/survey with that individual.

It is the opinion of the committee that the use of information contained on the web site to make an unsolicited call to a potential client to discuss his or her answers to a questionnaire about legal issues and the need for legal services violates RPC 7.3(a).