1996-05

QUESTION ONE: Rule 7.3(b)(2)(v) of the Rules of
Professional
Conduct requires a lawyer who is sending out a direct mail
letter to a prospective client to put the word
“Advertisement” in 14-point red ink in the lower left hand
corner of the envelope. If this aspect of the rule is
complied with, is it permissible to put other words or
terms
on the envelope as well?

QUESTION TWO: Rule 7.3(b)(2)(i) requires a
lawyer to send to the General Counsel’s Office a list of
names and addresses of those persons to whom a direct mail
solicitation letter has been sent. Can this requirement be
satisfied by sending in a computer disk on which that
information is contained?

ANSWER QUESTION ONE:According to the Comment
of
new Rule 7.3, the purpose of requiring the word
“Advertisement” on the envelope of a direct mail
solicitation letter is to avoid the perception that the
letter must be opened merely because it is from a lawyer,
when it only contains a solicitation for legal business. It
is the Commission’s opinion that the addition of other
words
or terms on the envelope are nothing but attempts to
subvert
the recipient’s option of disregarding a legal
advertisement. Direct mail envelopes that contain
extraneous
terms are not permissible and would be in violation of Rule
7.3(b)(2)(v) of the Rules of Professional Conduct.

ANSWER QUESTION TWO:The submission of computer
disks containing the names and addresses of persons to whom
direct mail letters have been sent does not comply with the
filing requirement of Rule 7.3(b)(2)(i). The Commission
interprets the term “list” as used in this rule to mean a
written or printed series of names. The acceptance of
computer disks creates storage problems, and more
importantly, the risk of infecting the State Bar’s computer
system with a virus. The only way to access the information
from a disk is to run it on a computer. The information on
a
printed list is immediately self-evident.

MLM/vf
8/20/96

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