Advisory Opinion: 904

Year Issued: 1985

RPC(s): RPC 7.3

Subject: Mailing brochure to prospective mediation clients


A mediation service proposed mailing a brochure to all parties to dissolution cases filed in the county in a one month period. After considerable discussion, the Committee determined by a vote of 5-4 that a lawyer who acted as a mediator between parties involved in dissolution of their marriage is conducting "professional employment" as that term is used in the Rules on Professional Conduct, which take effect September 1, 1985, and that therefore the solicitation rule, RPC 7.3 would apply. The Committee was of the opinion that a lawyer can mail a non-personalized informational brochure to all parties who had filed dissolution proceedings within a county within a one-month period.

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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.