Can I mail a letter to business contacts who are not my clients telling them about pending legislation and urging them to contact legislators?

Plain-English summary

The inquiring attorney asked whether the attorney may distribute a letter to individuals who are not clients or family and have never had a prior professional relationship with the attorney. The letter does not solicit employment of the attorney; its purpose is to advise business clients and others of pending legislation and to encourage them to contact state legislators.

As a threshold matter, the panel declined to embark on the task of editing documents and therefore could not give general approval to the proposed letter. On the substance, the panel believed the proposed letter does not violate the rules on advertisement (Rules 7.1-7.5). Rule 7.1 provides that a lawyer may not make a false or misleading communication about the lawyer or the lawyer's services, and may not create an unjustified expectation about results the lawyer can achieve. Rule 7.3 provides that a lawyer may not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship.

The panel agreed that the purpose of the letter is to inform the public of specific legislation and not to solicit or mislead the public.

In practice

Under this opinion, a letter to non-clients whose purpose is to inform them of pending legislation and encourage them to contact legislators is not treated as improper advertising or solicitation under Rules 7.1-7.5, so long as it does not solicit employment or mislead. The opinion is expressly limited in that the panel did not review or approve the specific wording of the letter, because it does not edit documents.

Common questions

Q: Is a legislative-alert letter to people who are not my clients improper solicitation?

A: Per the opinion, no; the panel believed the letter does not violate the advertising rules because its purpose is to inform the public of specific legislation rather than to solicit employment.

Q: Does Rule 7.3 bar contacting non-clients I have no prior relationship with?

A: Per the opinion, Rule 7.3 bars soliciting professional employment from a prospective client with whom the lawyer has no family or prior professional relationship; the panel found this letter does not solicit employment.

Q: Did the panel approve the exact letter?

A: Per the opinion, no; the panel declined to embark on editing documents and therefore could not give general approval to the proposed letter.

Background and rules framework

The opinion applies Rhode Island Rules 7.1-7.5 (information about legal services), corresponding to Model Rules 7.1-7.5, focusing on Rule 7.1 (false or misleading communications) and Rule 7.3 (solicitation of clients). The panel read the letter as informational rather than as a communication soliciting employment or creating an unjustified expectation, and so outside the conduct those rules prohibit.

Citations and references

Rules of Professional Conduct:

• MR 7.1 (communications concerning a lawyer's services), MR 7.3 (solicitation of clients)
• RI RPC 7.1-7.5

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 92-50: Subpoena for a Client's Billing Records
• RI EAP Op. 92-48: Suing a Former Client on an Unrelated Matter

Currency note

This opinion was issued in 1992 (Opinion 92-53), after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rules 7.1-7.5 as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which amended the lawyer-advertising and solicitation rules (Rules 7.1-7.3). 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.

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%2092-53.pdf

Original opinion text

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

ETHICS ADVISORY PANEL
Opinion 92-53, Request #276
Issued July 23, 1992

An attorney seeks Panel advice regarding whether or not the attorney may distribute a letter to individuals who are not clients or family, and have never had a prior professional relationship with the attorney.

The letter does not solicit employment of the attorney. The purpose of the letter is to advise business clients and others of pending legislation and to encourage them to contact state legislators.

As a threshold matter, the Panel declines to embark on the task of editing documents, and therefore cannot give general approval to the proposed letter.

The Panel believes that the proposed letter does not violate the Rules on Advertisement. (See Rules 7.1-7.5). Rule 7.1 states that "a lawyer may not make a false or misleading communication about the lawyer or the lawyer's services." In addition an attorney cannot "create an unjustified expectation about results the lawyer can achieve." Rule 7.3 states that "a lawyer may not solicit professional employment from a prospective client with whom the lawyer has no family or prior professional relationship." The Panel agrees that the purpose of the letter is to inform the public of specific legislation and not to solicit or mislead the public.