Utah Rule 7.3 Was Repealed: What Governs Direct Mail to Defendants Now

Utah Rule 7.3 (Solicitation of Clients) no longer exists. The Utah Supreme Court deleted Rules 7.2 through 7.5 in 2020 and rewrote Rule 7.1, so the old "Advertising Material" label requirement is not part of the current rules as far as we can find. Direct mail to a newly charged defendant is now judged mainly under Rule 7.1.

This is a general overview, not legal advice. Confirm the current rule text and any Utah State Bar guidance before relying on it for a real campaign. An earlier version of this article described Rule 7.3 as current law. That was wrong, and this page replaces it.

What happened to Rule 7.3?

The Utah Supreme Court's 2020 amendments to the advertising rules removed the separate solicitation and advertising-label rules. The court's redline of the changes shows Rules 7.2 and 7.3 struck. The Utah State Bar's Ethics Opinion 22-02 confirms it: Rules 7.2 through 7.5 were deleted and the remaining Rule 7.1 was substantially rewritten.

Is in-person solicitation now allowed?

The old rule banned in-person and live solicitation with narrow exceptions. Opinion 22-02 says the current rules do not prohibit in-person solicitation. It also says "coercions, duress and harassment continue to be prohibited."

What does Rule 7.1 still require?

Two things matter for a mailing to a defendant:

• No false or misleading communications. Opinion 22-02 calls this standard the "guiding light" under the rewritten rules. A mailer should not overstate results, imply a guarantee, or suggest an affiliation with a court or agency.
• No coercion, duress, or harassment. Rule 7.1(b) says a lawyer "shall not interact with a prospective client in a manner that involves coercion, duress, or harassment." Comment [6] adds that a lawyer "should proceed with caution when initiating contact with someone in need of legal services," especially when the contact is live.

Mail is a written, non-live channel, which gives the recipient time for reflection. Comment [6] singles out live contact as the higher-risk situation. Mail is not an exemption, though: a mailer written to frighten someone, or repeated mailings to a person who has made clear they want no contact, can still raise harassment concerns.

Does a mailer still need an "Advertising Material" label?

The old Rule 7.3(c) required that label. We found no current Utah rule that repeats it. Some other states still require similar labels, and a Utah Bar ethics opinion or a future rule change could change the picture. If you want certainty, ask the Utah State Bar's ethics hotline. Adding a plain "Advertising" line costs nothing, but we are not saying it is required.

Revenue Spark does not add any label to an uploaded letter or postcard design. What goes on the piece is up to the attorney, so build your answer into your template. What a criminal defense mailer should say covers the rest of the content.

Is there a waiting period before mailing a new defendant?

Neither the former Rule 7.3 nor the current Rule 7.1 sets one that we could find. Other sources, including local court rules and your own judgment about timing, may be relevant. Contact timing after an arrest covers the timing question.

Where do referral payments fit?

Paying a third party for referrals used to sit under Rule 7.2. Under the current rules that question moves to Rule 5.4 and Supreme Court Standing Order No. 15. The arrangement must be reasonable, authorized as required, and disclosed in writing to the client. See Utah's referral-fee rules and lead generation for how that applies to a pay-per-lead service.

What this means in practice

• Keep every claim in a mailer true and verifiable.
• Write in a calm, informational tone, and avoid pressure or fear.
• Mail once or twice rather than repeatedly re-mailing someone who has not responded (see how many mailers an attorney should send).
• Honor any request to stop contact right away.

For the wider picture, see the overview of Utah's advertising and solicitation rules. Category and county filtering keeps outreach narrow and current rather than repeatedly re-targeting the same names.