Definition
An attorney solicitation letter is a targeted written message, by mail, email, text, or direct message, offering legal services to a specific person the lawyer knows needs help in a particular matter. Unlike live contact, it is allowed under ABA Model Rule 7.3 if it is truthful, free of coercion, and dropped after a no.
In plain English
Where lawyer advertising speaks to the public, a solicitation letter targets one person whose identity and legal need you know. A letter to every business owner in a county is advertising; an email offering to defend a company you just saw sued is a solicitation.
The Supreme Court protected truthful targeted letters in Shapero v. Kentucky Bar Association (1988), then upheld Florida's 30-day ban on direct mail to accident victims in Florida Bar v. Went For It (1995). Written outreach can be regulated, while live pressure for a fee can be banned.
Every letter must be truthful (Rule 7.1), free of coercion, duress, or harassment, and never sent again once the person says no (Rule 7.3(c)). Promised results and look-alike court documents are out.
Florida is stricter. It requires the word "advertisement" on the envelope and each enclosure, or at the start of the subject line, a description of your background and experience, disclosure of how you learned of the matter, and a 30-day wait after accidents. Texas requires filing solicitations with the bar, and federal law sets a 45-day wait after air carrier and rail passenger accidents.
For a law firm
A corporate firm in Tampa sees in the public court docket that a supplier has sued a local distributor for breach of contract. The partner emails the owner: "Advertisement" opens the subject line, the message describes her years defending small businesses in contract disputes, states that the docket entry is her only information, and ends with an easy way out: reply "stop" and she will not write again.
That email complies. Writing again after a "stop," pressuring the owner, or calling to follow up, which would be live solicitation, would breach the rules. More templates are in our solicitation letter guide.
The Hendy figure
Across the law firms we work with, fewer than 15% have ever set up a structured targeted written solicitation program, even though the Supreme Court has protected truthful targeted letters since 1988.
Key takeaways
- A solicitation letter targets one person with a known legal need; in writing, it is allowed, unlike live contact for a fee.
- Keep it truthful, say how you learned of the matter, offer an easy opt-out, and never write again after a no.
- Check each state: Florida's label, disclosures, and 30-day wait after accidents, Texas filing, and the federal 45-day rule.