Ethics Hotline & Opinions

ETHICS DOCKET NO. 1989-43

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1989-43

Direct Mail Solicitation


You propose to contact potential personal injury clients through the use of the mails. The person so contacted would not then be represented by counsel. You ask whether the proposed mail solicitation violates the Maryland Rules of Professional Conduct.

We first mention that the ethical rules do not address whether attorney advertising is tasteful. Additionally, the rules fail to address whether such advertising acts to degrade our honored profession.

Rule 7.2(a) authorizes communications ""not involving in person contact"". Mail solicitations fall into this category. Rule 7.2(b) requires that a copy of the communication shall be kept for at least three years along with a record of when and where it was used.

While mail solicitation is permitted, Rule 7.1 makes it unethical if the communication is false or misleading. We commend the rule to your reading as it defines those terms in some detail.

Mail solicitation is also impacted by Rule 7.3, which prohibits communication to a prospective client in three designated situations. Communication is prohibited where the lawyer knows or reasonably should know that the physical, emotional and mental state of the person is such that he or she could not exercise reasonable judgment in engaging a lawyer. Secondly, communication is prohibited where the prospective client has made it known to the lawyer that he or she does not desire to receive communications. Lastly, communications are unethical if they involve coercion, duress or harassment.

 

References: 7.1, 7.2, 7.3


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.