Does a written communication from a lawyer to employees in a particular position constitute direct mail solicitation if the communication does not directly offer to represent the recipients of the communication, but suggests to the recipients that they have claims because they are similarly situated to the plaintiffs in the lawsuit?
A plaintiffs’ lawyer represents employees suing a corporation to challenge the corporation’s employment practices. The plaintiff’s lawyer sends a written communication to nonclients employed by the defendant-corporation. The communication describes the allegations in the lawsuit. It states that other employees who have had the same experience as the lawyer’s clients are pursuing certain employment claims. The communication states that it is the lawyer’s opinion that employees who are similarly situated should be entitled to compensation. The communication states that the lawyer is gathering information to determine the scope of employment practices. The communication ends with the lawyer describing the nature of the legal services the lawyer provides. The communication is not labeled as advertising material.
Tex. Comm. On Professional Ethics, Op. 672 (2018)