Lead Generator Rules & Ethics

Can Attorneys Ethically Contact Leads from a Lead Generation Service?

Yes—here's why. Our leads come from trademark applications and registrations filed with the U.S. Patent and Trademark Office (USPTO). Federal law requires the USPTO to make these records public, including names, mailing addresses, and often email addresses of trademark owners and applicants.

This contact information is intentionally public so that third parties—including attorneys—can identify and communicate with trademark owners.

lawyer using lead generator at computer

In the U.S., lawyer advertising and solicitation are commercial speech protected by the First Amendment. The Supreme Court has ruled that states cannot impose blanket bans on truthful, non-misleading letters to people identified through public records, though they can regulate the timing, manner, and content. Here's the key case law:

  • Shapero v. Kentucky Bar Association (1988): The Court struck down a rule banning lawyers from sending targeted letters to individuals identified from public foreclosure filings, as long as the letters were truthful and not misleading.
  • Florida Bar v. Went For It, Inc. (1995): The Court upheld a 30-day waiting period for direct-mail to recent accident victims, confirming that targeted mailings are generally permitted with reasonable limits.

Modern professional conduct rules follow this framework. Most U.S. states have adopted rules based on the ABA Model Rules:

  • Written and electronic outreach is generally allowed. Lawyers can send emails and letters to people found through public records, as long as the messages aren't false, misleading, coercive, or harassing.
  • Targeted outreach has rules, not bans. When you contact people based on public records, you may need to follow specific requirements (like labeling emails as "Advertising Material" or keeping records), but the practice itself is permitted.
  • Live solicitation is different. Rules are much stricter for in-person or live phone solicitations. Written and electronic outreach gets more leeway.

The ABA's Model Rule 7.2 also recognizes that lawyers can work with lead generators. Lawyers can pay for client leads, including internet-based leads, as long as:

  • The lead generator doesn't recommend specific lawyers
  • The arrangement doesn't compromise the lawyer's independence or create improper fee-splitting
  • The lead generator's communications are truthful and not misleading

TrademarkLeads simply organizes and filters public USPTO data so attorneys can find businesses that may need trademark help. Using public contact information for compliant outreach is a long-accepted practice in most jurisdictions.

Your responsibilities:

  • Know and follow the advertising and solicitation rules in every state where you're licensed and where recipients are located (including any timing rules, required disclaimers, or filing requirements)
  • Make sure your outreach is truthful, not misleading, and not harassing—and honor all "do not contact" requests

Disclaimer: This is general information about U.S. lawyer advertising law and public USPTO records—not legal advice. Consult your own jurisdiction's rules and ethics counsel before starting any marketing program with TrademarkLeads. See terms for more info.

Legal sources for attorneys who want to dig deeper

Here are the primary authorities behind this explanation:

  1. USPTO: Trademark records are public by law.
    Federal law requires the USPTO to maintain trademark records and make them publicly available. This includes contact information, which the USPTO explains is viewable so the public can identify trademark owners and their representatives.
    See:
  2. Shapero: Targeted mailings from public records are protected speech.
    Shapero v. Kentucky Bar Association, 486 U.S. 466 (1988): The Supreme Court said states can't categorically ban non-deceptive targeted letters to potential clients found through public records.
    See:
  3. Florida Bar: States can set reasonable timing limits.
    Florida Bar v. Went For It, Inc., 515 U.S. 618 (1995): The Court upheld a 30-day waiting period for mailings to accident victims, confirming targeted mailings are allowed with reasonable restrictions.
    See:
  4. ABA Model Rules on advertising, solicitation, and lead generation.
    • Rule 7.1 – Lawyer communications must be truthful and not misleading
    • Rule 7.2 – Lawyers may advertise through any media and pay reasonable advertising costs
    • Rule 7.2, Comment [5] – Lawyers may pay for client leads (including internet leads) if the lead generator doesn't recommend specific lawyers, doesn't compromise independence, and makes truthful statements
    • Rule 7.3 – Regulates solicitation, with stricter rules for live contact than for written/electronic communications
    Full text available from the ABA: americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct
  5. State rules vary.
    Many states closely follow the ABA Model Rules, but some have additional requirements. Always check your jurisdiction's specific rules and ethics opinions, including any labeling, filing, or timing requirements.

This page doesn't replace legal advice or ethics counsel. You're solely responsible for making sure your use of TrademarkLeads complies with all applicable rules and laws. See terms for more info.