Can a lawyer send direct-mail solicitations to elderly residents of residential health care facilities?
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This page answers the general question as of 1992. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
A lawyer asked about direct-mail solicitation of elderly residents of residential health care facilities. The committee was of the opinion that such a solicitation is permitted by RPC 7.3, provided that it is not false or misleading under RPC 7.1, that it does not interfere with an existing lawyer-client relationship under RPC 4.2, and that it does not state that the lawyer is an Elder Law specialist, which is prohibited by RPC 7.4.
Currency note
This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 lawyer mail solicitations to elderly residents of care facilities?
A: The committee was of the opinion that such direct mail is permitted by RPC 7.3, subject to the conditions it listed.
Q: What conditions did the committee attach?
A: The mail must not be false or misleading (RPC 7.1), must not interfere with an existing lawyer-client relationship (RPC 4.2), and must not claim the lawyer is an Elder Law specialist (RPC 7.4).
Background and rules framework
The opinion applied the advertising and solicitation rules together with the no-contact rule: RPC 7.3 (solicitation), RPC 7.1 (false or misleading communications), RPC 7.4 (claims of specialization), and RPC 4.2 (communication with represented persons), corresponding to the same-numbered ABA Model Rules. The committee permitted the direct mail while flagging each limit, with the specialty claim ("Elder Law specialist") singled out as prohibited under RPC 7.4.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3
- ABA Model Rule 7.1 (false or misleading communications); Washington RPC 7.1
- ABA Model Rule 7.4 (communication of fields of practice and specialization); Washington RPC 7.4
- ABA Model Rule 4.2 (communication with represented persons); Washington RPC 4.2
See also
- WA Ethics Op. 1218: Targeted Direct Mail Solicitation
- ABA Formal Op. 501: Solicitation Under Rule 7.3
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=571
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1491
Year Issued: 1992
RPC(s): RPC 4.2; 7.1; 7.3; 7.4
Subject: Direct mail solicitation
The Committee reviewed your inquiry concerning direct mail solicitation of elderly residents of residential health care facilities. The Committee was of the opinion that such a solicitation is permitted by RPC 7.3, provided that it is not false or misleading under RPC 7.1, that it does not interfere with an existing lawyer/client relationship under RPC 4.2, and does not state that you are an Elder Law specialist, which is prohibited by RPC 7.4.
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