Can a Washington lawyer or the lawyer's staff hand out law-firm brochures in person to people at a courthouse, a fair, or an arena?

Plain-English summary

The inquirer asked whether the ethics rules are violated in three scenarios: offering law-firm brochures to people leaving a courthouse, to people at the Puyallup Fair or the Tacoma Dome, and to people entering a courthouse. The committee said RPC 7.3 prohibits direct solicitation by the lawyer or a third-party agent of the lawyer where there is no pre-existing relationship and the motive is pecuniary gain, and that RPC 7.1 and 7.2 require a lawyer to refrain from misleading advertisements or representations of results or expectations.

The committee concluded that all three scenarios would violate RPC 7.3 if they entail direct, in-person, face-to-face contact between the lawyer or the lawyer's agent or representative and the public. It added that the rules do permit opening booths at fairs and other public events that invite the public to approach the lawyer, citing Formal Opinion 170.

Currency note

This opinion was issued in 2002, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Washington's lawyer-advertising and solicitation rules (RPC 7.1 through 7.3) were later amended. 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 Treat this page as historical context, not current guidance.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.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated in-person, face-to-face distribution of firm brochures to the public (by the lawyer or the lawyer's agent) as direct solicitation barred by RPC 7.3 where there is no pre-existing relationship and the motive is pecuniary gain. It distinguished a staffed booth at a fair or public event that invites the public to approach the lawyer, which the rules permit, and noted RPC 7.1 and 7.2 separately require that any advertising not be misleading or promise particular results.

Common questions

Q: Can a lawyer's staff hand out firm brochures to people at a courthouse or fair?

A: The committee concluded that RPC 7.3 prohibits direct, in-person, face-to-face solicitation by the lawyer or the lawyer's agent where there is no pre-existing relationship and the motive is pecuniary gain, so all three brochure-handout scenarios would violate RPC 7.3 if they involve such contact.

Q: Is a booth at a fair allowed?

A: Yes. The committee said the rules permit opening booths at fairs and other public events inviting the public to approach the lawyer, citing Formal Opinion 170.

Q: Do the advertising rules add anything?

A: The committee said RPC 7.1 and 7.2 require a lawyer to refrain from misleading advertisements or representations of results or expectations.

Background and rules framework

The opinion applies Washington RPC 7.3 (direct contact with prospective clients; solicitation; corresponding to Model Rule 7.3) and RPC 7.1 and 7.2 (communications and advertising; corresponding to Model Rules 7.1 and 7.2). It distinguishes prohibited face-to-face solicitation from a permitted booth at a public event, relying on the bar's earlier Formal Opinion 170. The opinion reflects Washington's pre-2006 rule numbering.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 / Washington RPC 7.3 (direct contact with prospective clients)
• Model Rule 7.1 / Washington RPC 7.1 (misleading communications about a lawyer's services)
• Model Rule 7.2 / Washington RPC 7.2 (advertising)

Other opinions cited:

• WSBA Formal Opinion 170: the rules permit opening booths at fairs and other public events inviting the public to approach the lawyer.

See also

• WSBA Ethics Op. 1970: Lawyer Booth at a Street Fair Is Not Direct Solicitation
• WSBA Ethics Op. 1606: Lawyer Selling Insurance Door-to-Door as Solicitation
• WSBA Ethics Op. 1218: Targeted Direct-Mail Solicitation Permitted
• WSBA Ethics Op. 1188: Referrals From a Religious-Organization Solicitor

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1232

Original opinion text

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

Advisory Opinion: 1985
Year Issued: 2002
RPC(s): RPC 7.1, 7.3, Formal Op 170
Subject: direct solicitation

The inquirer asks whether ethical rules are violated in three scenarios:

1. Persons leaving a courthouse are offered brochures about the inquirer’s law firm. 2. Persons at the Puyallup Fair or the Tacoma Dome are offered brochures about the inquirer’s law firm. 3. Persons entering a courthouse are offered brochures about the inquirer’s law firm.

The committee opined that RPC 7.3 prohibits direct solicitation by the lawyer or a third party agent of the lawyer where there is no pre-existing relationship and the motive is for pecuniary gain. RPC 7.1 and 7.2 require a lawyer to refrain from misleading advertisements or representations of results or expectations. All three questions would violate RPC 7.3 if it entails direct, in person, face-to-face contact between the lawyer or the lawyer’s agent or representative. However, the rules do permit opening booths at fairs and other public events inviting the public to approach the lawyer. See Formal Opinion 170.