Can a law firm send its clients a private letter offering to match their charitable gifts to an educational institution?

Plain-English summary

Opinion E-75-5 considered whether a law firm could make an offer, by letter to certain of its clients, to match the clients' gifts, with a limitation, to an educational institution. The committee concluded that the proposed action violated no Canon of the Code of Professional Responsibility nor any Ethical Consideration or Disciplinary Rule.

The committee emphasized the private nature of the offer. It noted there was no intent to advertise the matching offer in any medium of public communication; the proposal would be made privately, in a letter to a client. Limited to those terms, the committee's opinion was that the proposed action did not violate the Code.

Currency note

This opinion was issued in 1975, before Wisconsin's July 1, 2007 adoption of the revised Rules of Professional Conduct for Attorneys (the state's Ethics 2000 update), and it applies the former Code of Professional Responsibility. The current counterpart most relevant to the offer's private, non-public character is SCR 20:7.3 / Model Rule 7.3 (solicitation of clients). 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here.

Common questions

Q: Can a law firm offer to match its clients' charitable donations?

A: Under this opinion, yes on these facts. The committee found a firm's offer, by private letter to certain clients, to match their limited gifts to an educational institution did not violate the Code of Professional Responsibility.

Q: Why did the committee approve the matching offer?

A: Because it was private. The committee stressed there was no intent to advertise the offer in any public medium and that the proposal would be made privately in a letter to a client, limiting its opinion to those terms.

Background and rules framework

The opinion applied the former Code of Professional Responsibility to a law firm's private charitable-matching offer, turning on whether the offer amounted to public advertising or solicitation. The current counterpart is SCR 20:7.3 / Model Rule 7.3 (solicitation of clients).

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 / SCR 20:7.3 (solicitation of clients); former Code of Professional Responsibility (Canons, Ethical Considerations, Disciplinary Rules) generally

See also

• WI Ethics Op. E-89-6: Advertising Through Welcome Wagon
• WI Ethics Op. E-82-1: Law Firm Newsletter and Direct-Mail Advertising

Source

• Landing page: https://www.wisbar.org/formembers/ethics/pages/formal-opinions.aspx
• Original PDF: https://www.wisbar.org/formembers/ethics/Ethics%20Opinions/E-75-5.pdf