ABA Model Rule 7.3: Lawyer Solicitation Rules Explained

By Steve Levine · Updated July 3, 2026 · 7 min read

Quick Answer

ABA Model Rule 7.3 governs solicitation — a lawyer reaching out to a specific person about a specific legal matter, rather than advertising to the public. The core rule: a lawyer may not solicit by live person-to-person contact (in person, live phone, or real-time messaging) when a significant motive is the lawyer's financial gain — unless the person is another lawyer, has a family, close personal, or prior business or professional relationship with the lawyer, or routinely uses that kind of legal service for business. Letters and emails are treated more leniently because there's no live pressure, but all solicitation stops if you say you don't want it, and none of it may involve coercion, duress, or harassment.

On this page

What Counts as "Solicitation"
The Live-Contact Ban and Its Exceptions
The Absolute Limits: No Means No
Why Targeted Letters Are Treated Differently
The 2018 Changes (and Why States Differ)
Frequently Asked Questions

What Counts as "Solicitation"

The rule defines a solicitation as a communication initiated by or on behalf of a lawyer, directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter, offering to provide services for that matter. That's what separates solicitation from ordinary advertising: a billboard, TV spot, or website speaks to the public at large; a solicitation targets you, about your accident, your arrest, or your potential claim.

The Live-Contact Ban and Its Exceptions

Rule 7.3(b) prohibits soliciting professional employment by live person-to-person contact — in-person approaches, live telephone calls, and real-time person-to-person electronic contact — when a significant motive is the lawyer's pecuniary gain. The exceptions are for people the concern doesn't fit:

• The person contacted is a lawyer;
• The person has a family, close personal, or prior business or professional relationship with the lawyer or firm; or
• The person routinely uses the type of legal services involved for business purposes — a sophisticated commercial user, like a company that regularly hires outside counsel.

The rationale is pressure. Someone approached live — especially soon after an injury or loss — can be pushed into a hasty decision by a trained advocate. A person who can hang up on a peer, or who negotiates with lawyers for a living, doesn't need the same protection. This is the ethics rule behind the "ambulance chasing" prohibition, and the comments note that the rule doesn't bar a lawyer's participation in constitutionally protected activities of legal-services organizations or bona fide political and social organizations.

The Absolute Limits: No Means No

Even solicitation that would otherwise be permitted becomes prohibited under Rule 7.3(c) in two situations:

• The target has made known to the lawyer a desire not to be solicited — once you say stop, further contact violates the rule; and
• The solicitation involves coercion, duress, or harassment — no matter who the target is or what form the contact takes.

The rule also expressly permits lawyers to participate in prepaid or group legal service plans that use live contact to enroll members, as long as the plan isn't owned or directed by the lawyer and the contact is aimed at plan membership rather than a specific pending matter.

Why Targeted Letters Are Treated Differently

The lawyer letter that arrives after a car accident, an arrest, or a foreclosure filing is a targeted solicitation — and it's generally lawful under the Model Rule framework. The difference from a live call is that a letter or email can be set aside, reread, and evaluated without a persuader in the room; the U.S. Supreme Court drew this same line in its commercial-speech cases upholding live-solicitation bans while protecting truthful targeted mail. The letter still must satisfy Rule 7.1 — no false or misleading claims — and many states layer on their own labeling requirements or waiting periods.

The 2018 Changes (and Why States Differ)

The ABA reorganized its advertising rules in 2018. For Rule 7.3, the amendments moved the definition of "solicitation" into the rule text, added the exception for routine business users of legal services, and removed the model rule's former requirement that targeted solicitations be labeled "Advertising Material." That last change is a common source of confusion: the model no longer requires the label, but many states kept it in their own adopted rules — California's Rule 7.3, for example, still requires the word "Advertisement" or similar wording on solicitation communications. As always, the binding rule is the state's version, not the ABA's template; see our guide to the California attorney advertising rules for how one state builds on this framework.

Frequently Asked Questions

What counts as solicitation under ABA Model Rule 7.3?

A solicitation is a communication initiated by or on behalf of a lawyer that is directed to a specific person the lawyer knows or reasonably should know needs legal services in a particular matter, and that offers to provide legal services for that matter. General advertising to the public — a billboard, a TV spot, a website — is not solicitation because it isn't directed at a specific person's specific legal need.

Can a lawyer cold-call me about joining a lawsuit?

Under the Model Rule, generally no. Rule 7.3(b) prohibits solicitation by live person-to-person contact — in-person, live telephone, or real-time person-to-person electronic contact — when a significant motive is the lawyer's financial gain, unless the person contacted is a lawyer, has a family, close personal, or prior business or professional relationship with the lawyer, or routinely uses the type of legal services involved for business purposes. A mailed letter or email is treated differently because you can set it aside and evaluate it without live pressure.

Is the lawyer letter I got after my accident legal?

Usually yes. Targeted written or electronic solicitations are generally permitted under the Model Rule framework because they don't involve live pressure. Many states add their own safeguards — such as requiring the communication to be labeled as advertising material or imposing waiting periods after certain events — so the exact requirements depend on the state. The letter still has to comply with Rule 7.1's ban on false or misleading statements.

Can I make a lawyer stop contacting me?

Yes. Under Rule 7.3(c), a lawyer may not solicit professional employment from a person who has made known to the lawyer a desire not to be solicited, and may not use solicitation involving coercion, duress, or harassment. Once you say you don't want to be contacted, further solicitation violates the rule.

Did the ABA change Rule 7.3 in 2018?

Yes. The ABA's 2018 amendments reorganized the advertising rules, moved the definition of solicitation into the rule itself, added an exception for people who routinely use the relevant type of legal services for business purposes, and removed the model rule's former requirement to label targeted solicitations with the words "Advertising Material." Many states — California among them — still require an advertising label under their own adopted rules, and states adopted the 2018 changes on different timelines.

Sources

• American Bar Association — Model Rules of Professional Conduct (Table of Contents)

About This Page

General informational summary of a legal-ethics rule, not legal advice. The ABA Model Rules are a template; the rule that actually governs any particular lawyer is the version adopted in the state where that lawyer is licensed, which may differ in wording and detail — solicitation labeling and waiting-period requirements vary especially widely by state.