Probate Attorney Advertising Rules in Illinois

May 3, 2026 • 7 min read •Last reviewed May 3, 2026

Estate attorneys in Illinois face a regulatory environment that is materially less restrictive than New York's, with no filing requirement, no recipient-list retention period, and a notable carve-out from "live person-to-person contact" for asynchronous text messages and chat-room messages. Illinois Rule 7.3 was adopted July 1, 2009 and amended several times, most recently in 2020 (ex parte protective order solicitation) and through Rule 7.2 amendments in 2025.

This is a reference page, not legal advice. Illinois's rules are subject to amendment, and attorneys are responsible for their own compliance.

Quick reference summary

  • Applicable rule: Illinois Rule of Professional Conduct 7.3 (Solicitation of Clients), adopted July 1, 2009; amended October 15, 2015 effective January 1, 2016; amended July 17, 2020 effective immediately (order M.R. 3140)
  • Waiting period: None for probate. Only timing bar is for ex parte personal protective order respondents.
  • Required disclosure: "Advertising Material" verbatim per ISBA Opinion 12-04 on outside envelope and at beginning and end of recorded/electronic communications
  • Filing required: No
  • Retention: No retention period in current Rule 7.2 (effective July 1, 2025) or Rule 7.3. Illinois eliminated the prior 3-year retention when adopting the 2010 Rules of Professional Conduct. Practical recordkeeping advisable for evidentiary purposes but not a rule mandate.
  • Last reviewed: May 2026

The rule itself

Illinois Rule 7.3 prohibits live person-to-person solicitation for pecuniary gain (in-person, live telephone, real-time visual or auditory contact) outside the lawyer/family/close-personal/prior-professional/business-organization exceptions in Rule 7.3(a). Rule 7.3(b) prohibits solicitation if the prospect has signaled "do not solicit" or if it involves "coercion, duress, or harassment."

Rule 7.3(c) requires that every written, recorded, or electronic communication soliciting employment from a person known to need legal services in a particular matter include the words "Advertising Material" on the outside envelope and at the beginning and ending of any recorded or electronic communication. ISBA Opinion 12-04 holds that the wording is mandatory verbatim; substitutes ("promotional," etc.) are non-compliant.

Notably, the Comment to Illinois Rule 7.3 expressly excludes chat rooms, text messages, and other written communications the recipient can disregard from the definition of "live person-to-person contact." This is a meaningful divergence from New York and from many ABA Model Rule states. SMS and asynchronous chat remain subject to Rule 7.1 truthfulness and Rule 7.3(c) labeling, but they are not categorically prohibited.

What triggers the rule for probate outreach

A written solicitation sent to a surviving spouse or family member of a recently deceased person, where the attorney has no prior relationship with the recipient, is a written communication soliciting employment from a person known to need legal services in a particular matter (probate administration). The Rule 7.3(c) "Advertising Material" labeling applies.

Illinois has no probate-specific waiting period. The Rule 7.3(b) prohibitions on coercion, duress, and harassment apply, but Illinois has not codified a numeric post-death window analogous to Florida's 30-day rule.

Illinois-specific requirements

Advertising Material disclosure, exact wording. ISBA Opinion 12-04 holds that "Advertising Material" must appear verbatim on the outside envelope and at the beginning and ending of any recorded or electronic communication. Substitute language ("promotional," "advertising," etc.) is non-compliant.

No filing requirement. Illinois has no rule requiring filing of solicitation materials with the Attorney Registration and Disciplinary Commission.

No retention period under Rule 7.2 or Rule 7.3 as of July 1, 2025. Direct text extraction of the official Illinois Rule 7.2 PDF confirms no retention language anywhere in paragraphs (a)-(f) and Comments [1]-[10]. The April 1, 2025 Supreme Court order (effective July 1, 2025) added the Intermediary Connecting Services framework in Rule 7.2(c)-(f) and amended Rule 1.6 confidentiality; retention was not addressed. Historically, the 1990 Illinois Rules of Professional Conduct Rule 7.2(a)(1) required 3-year retention. That requirement was eliminated when Illinois adopted the 2010 Rules of Professional Conduct (effective January 1, 2010), tracking the ABA Model Rules' decision to drop a uniform retention period. From January 1, 2010 forward, Illinois has had no retention period in Rule 7.2 or Rule 7.3. Lawyers may face de facto recordkeeping obligations under Rule 1.15, Rule 7.1 substantiation, or general disciplinary investigation practice, but these are not Rule 7.2 obligations.

SMS and chat carve-out. The Comment to Rule 7.3 expressly excludes chat rooms, text messages, and other written communications the recipient can disregard from "live person-to-person contact." This means asynchronous SMS and chat are permitted under Rule 7.3, subject to Rule 7.1 truthfulness and Rule 7.3(c) labeling. Live phone, in-person, and real-time visual or auditory contact remain prohibited.

Prohibited content. Rule 7.1 prohibits false or misleading communications. Rule 7.3(b) bars solicitation after a prospect has signaled "do not solicit" or where the solicitation involves coercion, duress, or harassment.

Common compliance failures in probate outreach

The most common Illinois-specific failures are: substitute disclosure language ("promotional," "marketing material") instead of the verbatim "Advertising Material" required by ISBA Opinion 12-04; failure to include the disclosure at the beginning AND ending of recorded or electronic communications (the rule requires both, not either); continued contact after a recipient has signaled do-not-solicit; and outreach via live phone or real-time video.

A review of ISBA Standing Committee on Professional Conduct opinions 2020-2026 confirms no opinion specifically addresses probate-family outreach or AI-generated solicitation. Op. 22-02 (May 2022) and Op. 25-02 (February 2025) address for-profit referral and matching service participation; Op. 21-01 and Op. 21-02 address probate-related conflicts and confidentiality, not solicitation. The closest historical opinions on labeling of targeted direct mail are Op. 12-04 (2012), mandating "Advertising Material" verbatim, and Op. 92-17 (1992), permitting targeted direct mail to defined groups subject to compliance.

How Probate Helper handles Illinois compliance

Probate Helper's outreach templates for Illinois include "Advertising Material" verbatim on every envelope and at the beginning and ending of every recorded or electronic communication. Substitute language is not used.

Real-time visual or auditory contact (live phone, live video) is excluded from the Illinois outreach mix. Asynchronous SMS and email are permitted under the Comment to Rule 7.3 and include the required Advertising Material labeling.

Recipient-list retention is maintained at the platform level even where Rule 7.3 does not specifically require it, as a conservative compliance practice.

What to ask any probate marketing vendor in Illinois

  • Does the vendor use "Advertising Material" verbatim per ISBA Opinion 12-04, on every envelope and at the beginning and ending of every recorded or electronic communication?
  • Are real-time visual and auditory contact methods excluded from the outreach mix?
  • Does the vendor's text-messaging practice (if any) comply with Rule 7.1 truthfulness and Rule 7.3(c) labeling?
  • Do I review every piece before it ships under my firm's name?

Methodology and sources

ProbateHelper's positions on Illinois compliance are documented in:

This page reflects ProbateHelper's reading; it does not claim to be the only possible reading.

Disclaimer

This page is not legal advice. Probate Helper is not a law firm. Illinois's bar rules are subject to amendment, including Rule 7.2 changes effective July 1, 2025. Attorneys are responsible for their own compliance and should verify current rules with the Illinois Attorney Registration and Disciplinary Commission and the Illinois State Bar Association before relying on this content.

For the live rule text, see Illinois Supreme Court Rules, Article VIII, ISBA Rule 7.3 ethics opinions index, and ISBA Opinion 12-04 on labeling.

See how Probate Helper's Illinois-compliant outreach works for your firm. For state market dynamics, see the Illinois probate leads page. For broader context, see the pillar guide to probate leads for attorneys.

Book a Demo

See how Probate Helper handles Illinois compliance

Bar-reviewed templates, state-specific disclosures, and recordkeeping built into the platform.

Book a Demo