Advisory Opinion: 1841

Year Issued: 1998

RPC(s): RPC 7.1; 7.2; 7.3

Subject: Advertising; marketing program with advertisement in complementary "address book"

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1841 concerning participating in a new program by advertising in a complementary "address book".

The Committee has reviewed your inquiry and determined the following:

The Committee is of the opinion that the proposed marketing program does not violate RPC 7.2 or 7.3 as long as the following requirements are met:

1. The advertisement is not false or misleading or otherwise in violation of RPC 7.1.
2. You comply with RPC 7.2(b) and (d).
3. None of the recipients of the "address book" has made known a desire not to receive the address book and/or an included advertisement from the lawyer, or at least no address book is sent to any family that has made known such a desire. See RPC 7.3(b).

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.