Colorado Court Rules
Colorado Rules of Professional Conduct
Information about Legal Services
As amended through Rule Change 2020(29), effective October 2020.
(a) “Solicitation” or “solicit” denotes a communication initiated by or on behalf of a lawyer or
law firm 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, or reasonably can be understood as
offering to provide, legal services for that matter.
(b) A lawyer shall not solicit professional employment by live person-to-person contact when a
significant motive for the lawyer’s doing so is the lawyer’s or law firm’s pecuniary gain, unless
the contact is with a:
(2) person who has a family, close personal, or prior business or professional relationship with
the lawyer or law firm; or
(3) person who routinely uses for business purposes the type of legal services offered by the
(c) A lawyer shall not solicit professional employment even when not otherwise prohibited by
paragraph (b), if:
(1) the target of the solicitation has made known to the lawyer a desire not to be solicited by the
(2) the solicitation involves coercion, duress or harassment.
(d) A lawyer shall not engage in solicitation by any media for professional employment,
concerning personal injury or wrongful death of any person. See § 13-93-111, C.R.S. This Rule
7.3(d) shall not apply if the lawyer has a family or prior business or professional relationship
with the person or if the communication is issued more than 30 days after the occurrence of the
event for which the legal representation is being solicited. Any such communication must
comply with the following:
(1) no such communication may be made if the lawyer knows or reasonably should know that the
person to whom the communication is directed is represented by a lawyer in the matter; and
(2) if a lawyer other than the lawyer whose name or signature is contained in the communication
will actually handle the case or matter, or if the case or matter will be referred to another lawyer
or law firm, any such communication shall include a statement so advising the prospective client.
(e) This Rule does not prohibit communications authorized by law or ordered by a court or other
(f) Every communication from a lawyer soliciting professional employment shall:
(1) include the words “Advertising Material” on the outside envelope, if any, and at the
beginning and ending of any recorded or electronic communication, unless the recipient of the
communication is a person specified in paragraphs (b)(1), (b)(2) or (b)(3);
(2) not reveal on the envelope or on the outside of a self-mailing brochure or pamphlet the nature
of the person’s legal problem; and
(3) be maintained for a period of five years from the date of dissemination of the communication,
and include a copy or recording of each such communication and a sample of the envelope, if
any, in which the communication is enclosed, unless the recipient of the communication is a
person specified in paragraphs (b)(1), (b)(2) or (b)(3).
(g) Notwithstanding the prohibitions in this Rule, a lawyer may participate with a prepaid or
group legal service plan operated by an organization not owned or directed by the lawyer that
uses live person-to-person contact to enroll members or sell subscriptions for the plan from
persons who are not known to need legal services in a particular matter covered by the plan.
 Paragraph (b) prohibits a lawyer from soliciting professional employment by live person-toperson contact when a significant motive for the lawyer’s doing so is the lawyer’s or the law
firm’s pecuniary gain. A lawyer’s communication is not a solicitation if it is directed to the
general public, such as through a billboard, an Internet banner advertisement, a website or a
television commercial, or if it is in response to a request for information or is automatically
generated in response to electronic searches.
 “Live person-to-person contact” means in-person, face-to-face, live telephone and other
real-time visual or auditory person-to-person communications where the person is subject to a
direct personal encounter without time for reflection. Such person-to-person contact does not
include chat rooms, text messages or other written communications that recipients may easily
disregard. A potential for overreaching exists when a lawyer, seeking pecuniary gain, solicits a
person known to be in need of legal services. This form of contact subjects a person to the
private importuning of the trained advocate in a direct interpersonal encounter. The person, who
may already feel overwhelmed by the circumstances giving rise to the need for legal services,
may find it difficult to fully evaluate all available alternatives with reasoned judgment and
appropriate self-interest in the face of the lawyer’s presence and insistence upon an immediate
response. The situation is fraught with the possibility of undue influence, intimidation, and
 The potential for overreaching inherent in live person-to-person contact justifies its
prohibition, since lawyers have alternative means of conveying necessary information. In
particular, communications can be mailed or transmitted by email or other electronic means that
do not violate other laws. These forms of communications make it possible for the public to be
informed about the need for legal services, and about the qualifications of available lawyers and
law firms, without subjecting the public to live person-to-person persuasion that may overwhelm
a person’s judgment.
 The contents of live person-to-person contact can be disputed and may not be subject to
third-party scrutiny. Consequently, they are much more likely to approach (and occasionally
cross) the dividing line between accurate representations and those that are false and misleading.
 There is far less likelihood that a lawyer would engage in overreaching against a former
client, or a person with whom the lawyer has a close personal, family, business or professional
relationship, or in situations in which the lawyer is motivated by considerations other than the
lawyer’s pecuniary gain. Nor is there a serious potential for overreaching when the person
contacted is a lawyer or is known to routinely use the type of legal services involved for business
purposes. Examples include persons who routinely hire outside counsel to represent the entity;
entrepreneurs who regularly engage business, employment law or intellectual property lawyers;
small business proprietors who routinely hire lawyers for lease or contract issues; and other
people who routinely retain lawyers for business transactions or formations. Paragraph (b) is not
intended to prohibit a lawyer from participating in constitutionally protected activities of public
or charitable legal service organizations or bona fide political, social, civic, fraternal, employee
or trade organizations whose purposes include providing or recommending legal services to their
members or beneficiaries.
 A solicitation that contains false or misleading information within the meaning of Rule 7.1,
that involves coercion, duress or harassment within the meaning of Rule 7.3(c)(2), or that
involves contact with someone who has made known to the lawyer a desire not to be solicited by
the lawyer within the meaning of Rule 7.3(c)(1) is prohibited. Live, person-to-person contact of
individuals who may be especially vulnerable to coercion or duress is ordinarily not appropriate,
for example, the elderly, those whose first language is not English, or the disabled.
 This Rule does not prohibit a lawyer from contacting representatives of organizations or
groups that may be interested in establishing a group or prepaid legal plan for their members,
insureds, beneficiaries or other third parties for the purpose of informing such entities of the
availability of and details concerning the plan or arrangement which the lawyer or lawyer’s firm
is willing to offer. This form of communication is not directed to people who are seeking legal
services for themselves. Rather, it is usually addressed to an individual acting in a fiduciary
capacity seeking a supplier of legal services for others who may, if they choose, become
prospective clients of the lawyer. Under these circumstances, the activity which the lawyer
undertakes in communicating with such representatives and the type of information transmitted
to the individual are functionally similar to and serve the same purpose as advertising permitted
under Rule 7.2.
 Communications authorized by law or ordered by a court or tribunal include a notice to
potential members of a class in class action litigation.
 Paragraph (g) of this Rule permits a lawyer to participate with an organization which uses
personal contact to enroll members for its group or prepaid legal service plan, provided that the
personal contact is not undertaken by any lawyer who would be a provider of legal services
through the plan. The organization must not be owned by or directed (whether as manager or
otherwise) by any lawyer or law firm that participates in the plan. For example, paragraph (g)
would not permit a lawyer to create an organization controlled directly or indirectly by the
lawyer and use the organization for the person-to-person solicitation of legal employment of the
lawyer through memberships in the plan or otherwise. The communication permitted by these
organizations must not be directed to a person known to need legal services in a particular
matter, but must be designed to inform potential plan members generally of another means of
affordable legal services. Lawyers who participate in a legal service plan must reasonably assure
that the plan sponsors are in compliance with Rules 7.1, 7.2 and 7.3(c).
Cite as RPC 7.3
History. Entire rule and comment amended and adopted and committee comment deleted by amendment June 12, 1997, effective January 1, 1998; entire Appendix repealed and readopted April 12, 2007, effective January 1, 2008; Rule 7.3(b) and (d) amended effective April 6, 2016; amended February 22, 2018, effective February 22, 2018. Amended and Adopted by the Court, En Banc, September 10, 2020, effective immediately