Advisory Opinion: 840

Year Issued: 1986

RPC(s): DR 2-1-2; RPC 7.3

Subject: Advertising; telephone solicitation for clients; mass mailings of brochures for business

The Committee was of the opinion that DR 2-102 would prohibit telephone solicitation of business from entities with whom the attorney has no current relationship, as would proposed Rule 7.3 of the Rules of Professional Conduct now being considered by the Washington State Supreme Court. The Committee did note that the United States Supreme Court opinion, In re R.M.J., has raised many constitutional issues regarding the proper limit of restrictions on lawyer advertising and solicitation. However, it was the consensus of the Committee that a rule prohibiting the type of solicitation suggested by you might be upheld as within a proper area of State authority.

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.