Advisory Opinion: 1962

Year Issued: 2001

RPC(s): RPC 7.1; 7.3(b)

Subject: Use of email to send solicitation permitted by RPC 7.3

The inquirer asks the committee if it is ethical for a lawyer to send a single e-mail message to a potential client’s e-mail address with content similar to that of a permitted solicitation letter under RPC 7.3(b).

The committee stated that to the extent that the content of a single e-mail message to a potential client’s e-mail address could be sent in letter form in compliance with RPC 7.3(b), its being sent by e-mail will also be in compliance with the rule. This assumes that all recipient, sender and subject information in the relevant message will be truthful, non-misleading, not omitted, otherwise in compliance with RPC 7.1, and consistent with that found in the permitted letter. There must also be compliance with any applicable state or Federal legislation pertaining to unsolicited electronic communication. In addition, any hyperlink or other embedded item that might potentially be displayed to the recipient of the message must not lead directly to any means or form of live interactive communication.

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.