Skip to main content
Opinion Summary
Proposed opinion rules that a nonlawyer employee of a firm may write to clients of the nonlawyer's former employer provided the communications comply with Rule 7.3.

Inquiry:

May a nonlawyer employee of a law firm, who recently changed law firms, write to clients of his/her former employer with whom the nonlawyer had established relationships to inform the clients that the nonlawyer is employed with a new law firm and that the new law firm handles the same type of cases?

Opinion:

Yes. First, it should be noted that the Rules of Professional Conduct govern the actions of lawyers, rather than nonlawyers. However, a supervising lawyer may be responsible for conduct of a nonlawyer that would be a violation of the Rules of Professional Conduct if engaged in by a lawyer. See Rule 5.3(c).

The lawyer who currently supervises the nonlawyer would not be prohibited under the Rules of Professional Conduct from writing to the clients of another law firm, so long as the written communication complies with the advertising rules, Rules 7.1 to 7.5. Rule 7.3(c) requires the inclusion of an "advertising notice" when the written communication is for the purpose of soliciting the business of a potential client known to be in need of legal services in a particular matter. Rule 4.2, which addresses communications with persons represented by counsel, is not applicable to the current scenario because Rule 4.2 applies only when the lawyer communicating with the represented person also represents a client in the particular matter. See Rule 4.2, cmt. [2].

Therefore, the lawyer who employs/supervises the nonlawyer is not in violation of the Rules of Professional Conduct if he/she permits the nonlawyer to write to clients of the nonlawyer's former employer provided the advertising notice is included in any letter to a client of the former firm known to be in need of legal services in a particular matter. In addition, the lawyer may not share legal fees with a nonlawyer and, therefore, may not compensate the nonlawyer for bringing clients to the lawyer's law firm. See Rule 5.4. The employing lawyer must also insure that the nonlawyer preserves the confidentiality of information of her former employer's clients. See RPC 176 and Rules 1.6, 1.9.

No opinion is expressed on the legal question of whether a communication with a client of the nonlawyer's former employer constitutes interference with a contract.