February 22, 2013 - Oregon State Bar

The changes that we have proposed with respect to in-person and real-time
electronic solicitation are not unprecedented. The District of Columbia abandoned most
ethics rule based prohibitions on in-person or real-time solicitation in 1997. More
recently, the State of Maine has adopted a version of ABA Model Rule 7.3 that permits inperson
solicitation of commercial clients.
The Current Rules already contain exceptions for solicitation of current clients
(whether the subject of the solicitation is related or unrelated to the work being done),
former clients (again whether the subject of the solicitation is related or unrelated to
prior work) or solicitation of attorneys (including but not limited to in-house counsel for
business entities). The fact that these means of solicitation appear not to create any
undue difficulties is consistent with the Majority’s view that there is nothing inherently
wrongful or inappropriate with in-person or real time electronic solicitation.
IV. Concluding Remarks
The Majority therefore recommends adoption of the Proposed Rules in the form
attached hereto as Exhibit B.
Report of the Advertising Task Force (August 2009) Page 7