Law Firm Direct Mail Marketing Ethics
Attorney Direct Marketing is an innovative and progressive form of client
acquisition. It is not passive, but directly targets those individuals who can
benefit from using your legal services.
Contrary to popular belief, attorneys are generally allowed to solicit
individuals known to need legal services through direct mail advertising. While
the details of these solicitations are prescribed on a state-by-state basis,
the fundamental driving principle behind advertising legal services can be
summarized in the following comment from the model rules of professional
conduct:
"To assist the public in obtaining legal services,
lawyers should be allowed to make known their services not only through
reputation but also through organized information campaigns in the form
of advertising. Advertising involves an active quest for clients,
contrary to the tradition that a lawyer should not seek clientele. However, the
public's need to know about legal services can be fulfilled in part through
advertising. This need is particularly acute in the case of persons of moderate
means who have not made extensive use of legal services. The interest in
expanding public information about legal service ought to prevail over
considerations of tradition."
Each state is different with regards to their specific ethics compliance requirements. Be sure to review your specific state to find more detailed information.
White Paper
In 1998, the ABA created a white paper titled "A Re-Examination of the ABA
Model Rules of Professional Conduct Pertaining to Client Development in Light
of Emerging Technologies." It is a long but interesting read concerning the
possible application of the ABA model rules in light of newer technologies,
such as the Internet.
Other Questions?
If you have any additional questions on these rules or other ethical
considerations please contact us.
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