Opinion 1985

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.

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.