Can a lawyer use a paid Welcome Wagon service, or in-person visits, to deliver advertising to new residents and newlyweds?

Plain-English summary

This supplemental opinion revisited Opinion 832 (issued January 4, 1984), which had addressed an attorney's wish to send newcomers, newly married couples, and families with new babies a congratulatory message and information about his practice, whether in person, by mail, or through a Welcome Wagon service. Opinion 832 had found those methods violated former Rule 2-103. The committee reissued its analysis in light of the Illinois Supreme Court's amendment of Rule 2-103, adopted April 6, 1984 and effective May 1, 1984.

Amended Rule 2-103(b)(2) allows a lawyer to initiate contact with a prospective client by written communication distributed generally to persons not known to need the lawyer's services in a specific matter, provided the letters and their envelopes are plainly labeled as advertising material, and amended subsection (e) requires filing a copy with the Attorney Registration and Disciplinary Commission along with the names and addresses of recipients. To that extent the committee affirmed that general advertising mailings by the lawyer himself are now permitted.

The committee affirmed the remainder of Opinion 832. It read the amendment as covering general mailings, not in-person delivery, pointing to the Rule's "sent" language and the Committee Comments' references to "mailings," and to the recognized dangers of in-person solicitation. It separately held that a Welcome Wagon's participation, whether mailing or delivering on the lawyer's behalf, remained barred by Rule 2-103(d), which prohibits a lawyer from giving anything of value to another to initiate contact with a prospective client. The committee rejected the analogy to paying a newspaper or telephone directory: those fees are for public-communication advertising under Rule 2-101, while the Welcome Wagon activities were private communications subject to Rule 2-103(d).

Currency note

This opinion was issued in 1984, under the former Illinois Code of Professional Responsibility and before Illinois adopted the 1990 (and later 2010) Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in July 2010 as generally consistent with the 2010 Rules (Rules 7.1, 7.2, and 7.3), while cautioning that the specific standards referenced may differ from the 2010 Rules. Lawyer-advertising law has continued to develop since 1984. 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 or requirement mentioned here.

Common questions

Q: Can a lawyer mail advertising letters to people who have not asked for legal services?

A: The opinion concluded yes, after the 1984 amendment to Rule 2-103(b)(2), provided the letters and envelopes are plainly labeled as advertising material and a copy is filed with the ARDC with recipients' names and addresses.

Q: Can the lawyer or a Welcome Wagon representative hand-deliver the advertising in person?

A: No. Per the opinion, the amendment was read to permit general mailings, not in-person delivery, which the committee said carries dangers of abuse beyond those of direct mail.

Q: Why couldn't the lawyer pay a Welcome Wagon service to send the materials?

A: The opinion held that paying the service to mail or deliver on the lawyer's behalf violated Rule 2-103(d), which bars giving anything of value to another to initiate contact with a prospective client; the committee distinguished newspaper advertising as public communication under Rule 2-101.

Background and rules framework

The opinion interpreted former Illinois Code Rule 2-101 (public communication and advertising) and Rule 2-103 (private communications soliciting employment), including amended subsections (b)(2) and (e) and unchanged subsection (d). The Board's 2010 affirmation maps the analysis to current Illinois Rules of Professional Conduct 7.1 (communications about a lawyer's services), 7.2 (advertising), and 7.3 (solicitation of clients), corresponding to ABA Model Rules 7.1, 7.2, and 7.3.

Citations and references

Rules of Professional Conduct:

• Illinois Code Rule 2-101, Rule 2-103(b)(2), (d), (e) (applied in the opinion)
• Illinois RPC 7.1, 7.2, 7.3 (2010 equivalents per the Board's affirmation)
• MR 7.1 (communications about services); MR 7.2 (advertising); MR 7.3 (solicitation)

Other opinions cited:

• ISBA Opinion 832 (January 4, 1984): the prior opinion this supplement affirms in part and supersedes in part

See also

• ISBA Ethics Op. 832: Solicitation via Welcome Wagon Service
• ISBA Ethics Op. 12-04: Labeling Direct Solicitations as Advertising
• ISBA Ethics Op. 84-12: Solicitation of Existing Clients
• ISBA Ethics Op. 85-01: Sponsoring a Sports Team

Source

• Landing page: https://www.isba.org/ethics/opinions/8404