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WSBA 1987

Can a law firm join a trade group and mail letters offering legal services to people on the group's mailing list whom the firm has never met?

Short answer: Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited a firm from joining a trade group and sending letters to people on its mailing lists whom the firm had not met, describing the firm's expertise and offering to assist with legal services if needed.

Apply this to your situation

This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1987
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry asked whether a firm could join a trade group and then send letters to persons on the group's mailing lists, people the firm had not met, advising them of the firm's expertise and offering to assist with legal services if needed.

The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit the firm from doing so. The opinion treated the proposed letters, which described the firm's expertise and offered help if needed, as permissible direct-mail contact under the rules then in force.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 7.3, governing solicitation and direct contact with prospective clients, corresponds to Model Rule 7.3 and was later amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: Can a law firm send letters offering legal services to people on a trade group's mailing list?

A: Per the opinion, yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited a firm from joining a trade group and sending such letters.

Q: Does it matter that the firm has never met the people on the list?

A: Under this opinion, no. The committee approved sending letters to persons on the mailing lists "whom you have not met," advising them of the firm's expertise and offering assistance if needed.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 7.3, corresponding to Model Rule 7.3, which governs solicitation and direct contact with prospective clients. The committee concluded that a firm's letters to a trade group's mailing list, describing its expertise and offering legal services if needed, were not prohibited by the rules then in force.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 7.3 (solicitation; direct contact with prospective clients), corresponding to Model Rule 7.3.

See also

Source

Original opinion text

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

Advisory Opinion: 1155
Year Issued: 1987
RPC(s): RPC 7.3
Subject: Advertising; direct mail solicitation; use of trade group mailing list

The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit your firm from joining a trade group and sending letters to persons on its mailing lists whom you have not met, advising them of your expertise and offering to assist them with legal services if needed.

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