Can a lawyer send a solicitation by email if the same content would be allowed in a solicitation letter under RPC 7.3(b)?

Plain-English summary

The inquirer asked whether it was ethical for a lawyer to send a single email to a potential client's email address with content similar to that of a permitted solicitation letter under RPC 7.3(b).

The committee concluded that, to the extent the content of a single email could be sent in letter form in compliance with RPC 7.3(b), sending it by email would also comply with the rule. It conditioned that conclusion on the recipient, sender, and subject information being truthful, non-misleading, not omitted, otherwise compliant with RPC 7.1, and consistent with that found in the permitted letter. The committee added that there must also be compliance with any applicable state or federal legislation on unsolicited electronic communication, and that any hyperlink or other embedded item that might be displayed to the recipient must not lead directly to any means or form of live interactive communication.

Currency note

This opinion was issued in 2001, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct, and Washington's solicitation and advertising rules (the RPC 7-series) have been revised since. Treat this page as historical context, not current guidance.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 use email instead of a letter for a permitted solicitation?

A: The committee concluded that if the email's content could be sent in letter form in compliance with RPC 7.3(b), sending it by email also complies with the rule.

Q: What conditions did the committee attach to email solicitations?

A: The committee required that the sender, recipient, and subject information be truthful, non-misleading, not omitted, and otherwise compliant with RPC 7.1 and consistent with the permitted letter, and that any applicable laws on unsolicited electronic communication be followed.

Q: Can the email link to a live chat or call?

A: No. The committee said any hyperlink or embedded item that might be displayed to the recipient must not lead directly to any means or form of live interactive communication.

Background and rules framework

The opinion applies Washington RPC 7.3 (direct contact with prospective clients; corresponding to Model Rule 7.3), specifically the written-solicitation allowance in RPC 7.3(b), and reads RPC 7.1 (communications concerning a lawyer's services; Model Rule 7.1) into the analysis through the requirement that the message be truthful and non-misleading. The opinion reflects Washington's pre-2006 rule numbering.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 / Washington RPC 7.3(b) (written/recorded solicitation of prospective clients)
• Model Rule 7.1 / Washington RPC 7.1 (communications concerning a lawyer's services)

See also

• WSBA Ethics Op. 1218: Targeted Direct-Mail Solicitation Permitted
• WSBA Ethics Op. 1275: Direct-Mail Solicitation Brochure and Recordkeeping
• WSBA Ethics Op. 1956: Referral-Service Lawyer Initiating Contact

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1204

Original opinion text

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

Advisory Opinion: 1962
Year Issued: 2001
RPC(s): RPC 7.1; 7.3(b)
Subject: Use of email to send solicitation permitted by RPC 7.3

The inquirer asks the committee if it is ethical for a lawyer to send a single e-mail message to a potential client’s e-mail address with content similar to that of a permitted solicitation letter under RPC 7.3(b).

The committee stated that to the extent that the content of a single e-mail message to a potential client’s e-mail address could be sent in letter form in compliance with RPC 7.3(b), its being sent by e-mail will also be in compliance with the rule. This assumes that all recipient, sender and subject information in the relevant message will be truthful, non-misleading, not omitted, otherwise in compliance with RPC 7.1, and consistent with that found in the permitted letter. There must also be compliance with any applicable state or Federal legislation pertaining to unsolicited electronic communication. In addition, any hyperlink or other embedded item that might potentially be displayed to the recipient of the message must not lead directly to any means or form of live interactive communication.