Ethics Committee Formal Opinion #1990-91/8
February 19, 1991
A letter mailed generally to other attorneys advising them of the availability of the inquiring attorney for specific types of cases is permissible so long as: a) it complies with the requirements of Rule 7.1 concerning false or misleading statements; b) the lawyer retains a copy of any written solicitation and mailing list for period of two years, and c) the mailing is clearly labeled advertising.
While the proposed mailing to other attorneys does not constitute “Solicitation” as defined, it is recommended that it be clearly labeled “Advertising”, to comply with the spirit of Rules 7.2 and 7.3. (Rule 7.2; Rule 7.3; Rule 7.3(c)).
Any advertisement should avoid improperly stating or implying that the lawyer is a specialist in a particular field, even though it is permissible to list areas of practice or non-practice. (Rule 7.1; Rule 7.4)
May the inquiring attorney distribute the letter and resume without violating any rules of professional conduct.