071416 RIEO, ETH 2016-07

• Case Date: July 14, 2016
• Court: Rhode Island

ETH 2016-07 Ethics Advisory Panel Op. 2016-07 Rhode Island Ethics Opinions Rhode Island Supreme Court July 14, 2016           FINAL          FACTS          The inquiring attorney’s law firm proposes to send e-mails to members of the Rhode Island Bar seeking referrals of clients in the law firm’s areas of practice. The inquiring attorney states that e-mail addresses of members of the Bar are publically available on the Rhode Island judiciary website. In addition to the Rhode Island Rules of Professional Conduct on advertising and solicitation, the inquiring attorney asks about the effect of the Can-Spam Act on this proposal.          ISSUE PRESENTED          The inquiring attorney asks whether the Rules of Professional Conduct permit his/her law firm to send e-mails to members of the Bar for the purpose of seeking referrals of clients.          OPINION          Sending e-mails to members of the Rhode Island Bar for the purpose of seeking referrals of clients is permitted under the Rules of Professional Conduct. The proposed lawyer-to-lawyer e-mails are neither solicitations under Rule 7.3, nor advertisements under Rule 7.2. The law firm must comply with Rule 7.1 and Rule 7.4.          REASONING          The inquiring attorney’s law firm proposes to send e-mails to other lawyers advising them of the firm’s areas of practice, and inviting them to refer clients to the firm with cases relating to those practice areas. Rule 7 of the Rules of Professional Conduct governs attorney conduct relating to information about legal services, and contains regulations on solicitation and advertising.          Rule 7.3 prohibits, with limited exceptions, direct contact with prospective clients. Rule 7.3 (a) states:

(a) A lawyer shall not by in-person, live telephone or real-time electronic contact solicit professional employment from a prospective client when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain, unless the person contacted:

(1) is a lawyer;

(2) has a family, close personal, or prior professional relationship with the

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