Can a lawyer-mediator mail brochures to people who recently filed for divorce to offer mediation services?

Plain-English summary

A mediation service proposed mailing a brochure to all parties in dissolution cases filed in a county during a one-month period. After considerable discussion, the committee determined by a 5-4 vote that a lawyer who acts as a mediator between parties involved in dissolution of their marriage is conducting "professional employment" as that term is used in the Rules of Professional Conduct, which took effect September 1, 1985, so the solicitation rule, RPC 7.3, would apply.

Applying that rule, the committee was of the opinion that a lawyer can mail a non-personalized informational brochure to all parties who had filed dissolution proceedings within a county within a one-month period.

Currency note

This opinion was issued in 1985, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments, later opinions, and court decisions on commercial speech 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 Treat this page as historical context, not current guidance.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: Does the solicitation rule apply to a lawyer offering mediation services?

A: The committee decided, 5-4, that a lawyer acting as a mediator in dissolutions is engaged in "professional employment," so RPC 7.3 applies to the lawyer's solicitation of that work.

Q: Can the lawyer-mediator mail brochures to people who just filed for divorce?

A: Yes. The committee concluded a lawyer can mail a non-personalized informational brochure to all parties who filed dissolution proceedings within a county during a one-month period.

Q: Did the brochure have to be non-personalized?

A: The committee's conclusion approved a non-personalized informational brochure sent to all parties in the group, rather than individualized solicitations.

Background and rules framework

The opinion applies RPC 7.3, Washington's solicitation rule (the analog of Model Rule 7.3), to a lawyer's mediation practice. The threshold question that split the committee was whether acting as a mediator is "professional employment" covered by the rule; the majority concluded it is, then read the rule to permit a non-personalized brochure mailing to the described group.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 (solicitation of clients)
• Washington RPC 7.3 (solicitation), effective September 1, 1985

See also

• WSBA Ethics Op. 847: direct-mail advertising and free seminars
• WSBA Ethics Op. 1018: firm brochure and RPC 7.3

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=16

Original opinion text

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

Advisory Opinion: 904
Year Issued: 1985
RPC(s): RPC 7.3
Subject: Mailing brochure to prospective mediation clients

A mediation service proposed mailing a brochure to all parties to dissolution cases filed in the county in a one month period. After considerable discussion, the Committee determined by a vote of 5-4 that a lawyer who acted as a mediator between parties involved in dissolution of their marriage is conducting "professional employment" as that term is used in the Rules on Professional Conduct, which take effect September 1, 1985, and that therefore the solicitation rule, RPC 7.3 would apply. The Committee was of the opinion that a lawyer can mail a non-personalized informational brochure to all parties who had filed dissolution proceedings within a county within a one-month period.