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WSBA 1998

Can a lawyer advertise by posting fliers around a venue?

Short answer: The committee concluded that because RPC 7.2 authorizes advertising through written communication and a flier is a written communication, posting fliers is authorized, subject to compliance with the balance of RPC 7.2 and with RPC 7.1 and 7.3; it did not address whether the venue's owners must consent, which is outside its purview.

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This page answers the general question as of 1998. 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 1998
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 Not binding precedent.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 concerned posting fliers around a particular entertainment venue. The committee concluded that RPC 7.2 specifically authorizes advertising "through written communication," and that because a flier is a written communication, the proposed course of conduct is authorized, subject to compliance with the balance of RPC 7.2 and with RPC 7.1 and 7.3.

The committee cautioned that it had not addressed whether the owners or operators of the entertainment venue must give their permission before such activity is conducted, because that question is beyond the purview of the committee.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.1, 7.2, and 7.3 corresponded to ABA Model Rules 7.1 (communications concerning a lawyer's services), 7.2 (advertising), and 7.3 (solicitation); the ABA later amended and consolidated its advertising rules, so verify the current Washington numbering and text before relying on it.

Common questions

Q: Can a lawyer post advertising fliers?

A: Yes. The committee concluded that because RPC 7.2 authorizes advertising through written communication and a flier is a written communication, posting fliers is authorized, subject to RPC 7.2, 7.1, and 7.3.

Q: Did the committee say the lawyer can post anywhere?

A: No. The committee expressly did not address whether the venue's owners or operators must consent, treating that as beyond its purview.

Background and rules framework

The opinion applied Washington RPC 7.2 (advertising through written and other communications), with compliance also required under RPC 7.1 (false or misleading communications) and RPC 7.3 (solicitation), corresponding to ABA Model Rules 7.2, 7.1, and 7.3. The committee made the permissibility of fliers turn on their status as written communications authorized by RPC 7.2, and left the property-permission question to other law.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
  • ABA Model Rule 7.2 (advertising); Washington RPC 7.2
  • ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3

See also

Source

Original opinion text

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

Advisory Opinion: 1825
Year Issued: 1998
RPC(s): RPC 7.1; 7.2; 7.3
Subject: Advertising; posting of fliers

The Committee researched and reviewed your inquiry concerning the posting of fliers around a particular entertainment venue and determined the following:

RPC 7.2 specifically authorizes advertising "through written communication" and since a flier is a written communication, the proposed course of conduct is authorized, subject to compliance with the balance of RPC 7.2 and RPCs 7.1 and 7.3. We should caution the inquirer that we have not addressed the issue of whether the owners/operators of the entertainment venue must give their permission before such activity is conducted, as such a question is beyond the purview of the Committee.

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