OPINION 73
May 1953

SOLICITATION – NOTICE OF SPECIALIZED LEGAL SERVICE - REPLY CARDS – An attorney may not send a reply card to a life insurance company, providing places to check the work desired as to annual statements and income tax returns and to "Organize New Company, Change Name, Change Premium Plan, Revise Policy, etc."

Canons 24, 42.

Question

Is it a violation of the Canons of Ethics for an attorney to send a double post card to a life insurance company soliciting business in the preparation of annual statements and income tax returns for insurance companies at stated fees of $50.00 and $15.00, respectively?

The reply card provided places to check the work desired as to annual statements and income tax returns, and also stated:

"Prepare other work as follows

Organize New Company - Change

Name – Change Premium Plan - Revise Policy, etc."

Opinion

It is the opinion of this committee that the use of the card above described constitutes a flagrant violation of Canon 24, which prohibits solicitation, direct or indirect.

The committee is further of the opinion that if the use of this card should be justified on the basis that the sender is an "Insurance Consultant," it is a violation of Canon  42, since the alleged specialized service is not limited to members of the legal profession as required by that Canon. (9-0)

The inquiry submitted asked if the form of the card itself exceeded the language of Canon 39, which permits the listing of "special branches" of the profession practiced"

The committee is of the opinion that the language used is too broad to constitute "special branches" of the practice, and the card does violate Canons 24 and 39. (8-1)