031313 RIEO, 13-02

• Case Date: March 13, 2013
• Court: Rhode Island

13-02 Opinion No. 2013-02 Rhode Island Ethics Opinions Rhode Island Supreme Court March 13, 2013                    FACTS:          The inquiring attorney represents a client who is attempting to withdraw from his/her membership plan at a Golf Club. The client is on a membership-redemption waiting list, seeking the return of his/her initiation payment pursuant to the Golf Club’s membership plan. In a pending lawsuit against the Golf Club, the inquiring attorney’s client has alleged that the membership agreement is unfair and unconscionable. The inquiring attorney has obtained through discovery a list of other Club members who are also on the redemption list.          The inquiring attorney wants to send a letter to each of the members on the list in an effort to obtain further information about the Golf Club’s redemption process, but states that he/she is concerned about running afoul of Rule 7.3 of the Rules of Professional Conduct entitled “Direct contact with prospective clients.” The inquiring attorney submitted a proposed letter to the Panel.          ISSUE PRESENTED:          Is it a violation of Rule 7.3 if the inquiring attorney sends the proposed letter to members of a Golf Club, asking them to contact the inquiring attorney about the membership-redemption process?          OPINION:          The inquiring attorney may send a letter to Golf Club members seeking information about his/her client’s case without complying with Rule 7.3, but not the proposed letter. The letter submitted by the inquiring attorney appears to be a solicitation, and therefore the inquiring attorney must comply with the requirements of Rule 7.3(c) and (d) if he/she sends it.          REASONING:          Rule 7.3 entitled “Direct contact with prospective clients” applies to this inquiry. In pertinent part, the Rule states as follows:

(c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from a prospective client known to be in need of legal services in a particular matter shall include the words “Advertising Material” on the outside envelope, if any, and at the beginning and ending of any recorded or electronic communication, unless the recipient of the communication is a person specified in paragraphs (a)(1), (a)(2), or (a)(3).

(d) A copy of each such communication shall be sent to the Supreme Court Disciplinary Counsel and another copy shall be retained by the lawyer for three (3) years. If

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