RPC RULE 7.3
                DIRECT CONTACT WITH PROSPECTIVE CLIENTS


  (a) A lawyer shall not directly or through a third person, 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 lawyer; or

     (3) has consented to the contact by requesting a referral from a not-
for-profit lawyer referral service.

  (b) A lawyer shall not solicit professional employment from a prospective
client by written, recorded or electronic communication or by in-person,
telephone or real-time electronic contact even when not otherwise
prohibited by paragraph (a), if;

     (1) the prospective client has made known to the lawyer a desire not
to be solicited by the lawyer; or

     (2) the solicitation involves coercion, duress or harassment.

  (c) [Reserved.]

  (d) Notwithstanding the prohibitions in paragraph (a), a lawyer may
participate with a prepaid or group legal service plan operated by an
organization not owned or directed by the lawyer that uses in-person or
telephone contact to solicit memberships or subscriptions for the plan from
persons who are not known to need legal services in a particular matter
covered by the plan.

Comment

  [1] There is a potential for abuse inherent in direct in-person, live
telephone or real-time electronic contact by a lawyer with a prospective
client known to need legal services. These forms of contact between a
lawyer and a prospective client subject the layperson to the private
importuning of the trained advocate in a direct interpersonal encounter.
The prospective client, who may already feel overwhelmed by the
circumstances giving rise to the need for legal services, may find it
difficult fully to evaluate all available alternatives with reasoned
judgment and appropriate self-interest in the face of the lawyer's presence
and insistence upon being retained immediately. The situation is fraught
with the possibility of undue influence, intimidation, and over-reaching.

  [2] This potential for abuse inherent in direct in-person, live telephone
or real-time electronic solicitation of prospective clients justifies its
prohibition, particularly since lawyer advertising and written and recorded
communication permitted under Rule 7.2 offer alternative means of conveying
necessary information to those who may be in need of legal services.
Advertising and written and recorded communications which may be mailed or
autodialed make it possible for a prospective client to be informed about
the need for legal services, and about the qualifications of available
lawyers and law firms, without subjecting the prospective client to direct
in-person, telephone or real-time electronic persuasion that may overwhelm
the client's judgment.

  [3] The use of general advertising and written, recorded or electronic
communications to transmit information from lawyer to prospective client,
rather than direct in-person, live telephone or real-time electronic
contact, will help to assure that the information flows cleanly as well as
freely. The contents of advertisements and communications permitted under
Rule 7.2 can be permanently recorded so that they cannot be disputed and
may be shared with others who know the lawyer. This potential for informal
review is itself likely to help guard against statements and claims that
might constitute false and misleading communications, in violation of Rule
7.1. The contents of direct in-person, live telephone or real-time
electronic conversations between a lawyer and a prospective client can be
disputed and may not be subject to third-party scrutiny. Consequently, they
are much more likely to approach (and occasionally cross) the dividing line
between accurate representations and those that are false and misleading.

  [4] [Washington revision] There is far less likelihood that a lawyer
would engage in abusive practices against an individual who is a former
client, or with whom the lawyer has close personal or family relationship,
or in situations in which the lawyer is motivated by considerations other
than the lawyer's pecuniary gain. Nor is there a serious potential for
abuse when the person contacted is a lawyer. Consequently, the general
prohibition in Rule 7.3(a) is not applicable in those situations. Also,
paragraph (a) is not intended to prohibit a lawyer from participating in
constitutionally protected activities of public or charitable legal-service
organizations or bona fide political, social, civic, fraternal, employee or
trade organizations whose purposes include providing or recommending legal
services to its members or beneficiaries.

  [5] But even permitted forms of solicitation can be abused. Thus, any
solicitation which contains information which is false or misleading within
the meaning of Rule 7.1, which involves coercion, duress or harassment
within the meaning of Rule 7.3(b)(2), or which involves contact with a
prospective client who has made known to the lawyer a desire not to be
solicited by the lawyer within the meaning of Rule 7.3(b)(1) is prohibited.
Moreover, if after sending a letter or other communication to a client as
permitted by Rule 7.2 the lawyer receives no response, any further effort
to communicate with the prospective client may violate the provisions of
Rule 7.3(b).

  [6] This Rule is not intended to prohibit a lawyer from contacting
representatives of organizations or groups that may be interested in
establishing a group or prepaid legal plan for their members, insureds,
beneficiaries or other third parties for the purpose of informing such
entities of the availability of and details concerning the plan or
arrangement which the lawyer or lawyer's firm is willing to offer. This
form of communication is not directed to a prospective client. Rather, it
is usually addressed to an individual acting in a fiduciary capacity
seeking a supplier of legal services for others who may, if they choose,
become prospective clients of the lawyer. Under these circumstances, the
activity which the lawyer undertakes in communicating with such
representatives and the type of information transmitted to the individual
are functionally similar to and serve the same purpose as advertising
permitted under Rule 7.2.

  [7] [Reserved.]

  [8] Paragraph (d) of this Rule permits a lawyer to participate with an
organization which uses personal contact to solicit members for its group
or prepaid legal service plan, provided that the personal contact is not
undertaken by any lawyer who would be a provider of legal services through
the plan. The organization must not be owned by or directed (whether as
manager or otherwise) by any lawyer or law firm that participates in the
plan. For example, paragraph (d) would not permit a lawyer to create an
organization controlled directly or indirectly by the lawyer and use the
organization for the in-person or telephone solicitation of legal
employment of the lawyer through memberships in the plan or otherwise. The
communication permitted by these organizations also must not be directed to
a person known to need legal services in a particular matter, but is to be
designed to inform potential plan members generally of another means of
affordable legal services. Lawyers who participate in a legal service plan
must reasonably assure that the plan sponsors are in compliance with Rules
7.1, 7.2 and 7.3(b). See 8.4(a).

Additional Washington Comments (9 - 12)

  [9] A lawyer who receives a referral from a third party should exercise
caution in contacting the prospective client directly by in-person, live
telephone, or real-time electronic contact. Such contact is generally
prohibited by this Rule unless the prospective client has asked to be
contacted by the lawyer. A prospective client may request such contact
through a third party. Prior to initiating contact with the prospective
client, however, the lawyer should confirm with the source of the referral
that the prospective client has indeed made such a request. Similarly, when
making referrals to other lawyers, the referring lawyer should discuss with
the prospective client whether he or she wishes to be contacted directly.

  [10] Those in need of legal representation often seek assistance in
finding a lawyer through a lawyer referral service. Washington adopted
paragraph (a)(3) in order to facilitate communication between lawyers and
potential clients who have specifically requested a referral from a not-for-
profit lawyer referral service. Under this paragraph, a lawyer receiving
such a referral may contact the potential client directly by in-person,
live telephone, or real-time electronic contact to discuss possible representation.

  [11] Washington did not adopt paragraph (c) of the Model Rule relating to
labeling of communications with prospective clients. A specific labeling
requirement is unnecessary in light of the prohibition in Rule 7.1 against
false or misleading communications.

  [12] The phrase "directly or through a third person" in paragraph (a) was
retained from former Washington RPC 7.3(a).


[Amended effective September 1, 2006.]