Can I run an advertisement seeking parties to join a class action?

Plain-English summary

The inquiring attorney asked whether an advertisement seeking parties to a class action is proper.

The panel noted that the comment to Rule 7.2 of the Rhode Island Rules of Professional Conduct states that soliciting class-action members is not prohibited. On that basis, the panel took the position that the proposed advertisement is proper as long as the requirements of Rule 7.3 are followed.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. At that time Rhode Island's advertising and solicitation rules were numbered differently from the current Model Rules, and this opinion refers to Rule 7.2 (the comment permitting class-action solicitation) and Rule 7.3 (its requirements). The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended the advertising rules. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: Is soliciting class-action members allowed at all?

A: Per the opinion, yes. The panel relied on the comment to Rule 7.2, which notes that soliciting class-action members is not prohibited.

Q: What condition did the panel attach?

A: Per the opinion, the advertisement is proper as long as the requirements of Rule 7.3 are followed.

Background and rules framework

The opinion applies Rhode Island Rules 7.2 and 7.3 as they were numbered in 1991. The comment to Rule 7.2 addressed solicitation of class-action members, and Rule 7.3 set the requirements governing the solicitation communication. In the current Model Rules, advertising and direct solicitation are addressed under Rules 7.2 and 7.3 in a different arrangement; the panel's references are to the Rhode Island numbering of the time.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising)
• MR 7.3 (solicitation of clients)
• RI RPC 7.2, RI RPC 7.3

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-61: A Class-Action Solicitation Advertisement Governed by Rules 7.2 and 7.3
• RI EAP Op. 91-25: A Bankruptcy Solicitation Letter Must Be Marked "Advertisement"
• RI EAP Op. 87-02: An Advertisement Soliciting Class-Action Witnesses

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-75.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-75, Request #195
Issued October 30, 1991

An attorney seeks Panel advice as to whether an advertisement seeking parties to a class action is proper.

The comment to Rule 7.2 of the Rhode Island Rules of Professional Conduct notes that soliciting class action members is not prohibited. Therefore the proposed advertisement is proper as long as the requirements of Rule 7.3 are followed.