Addresses stored in software

A five-attorney law firm, established for ten years, holds between three hundred and eight hundred addresses of people who already trust it. These include former clients, accountants, notaries, colleagues, and contacts from conferences. The addresses are stored in management software, three address books, and a drawer of business cards.

Fear of sending newsletters

When asked at MEC Digital, the firm's response is nearly always the same: "We dare not write to them because of the RGPD." This fear is understandable but based on a misunderstanding of the regulations. Three layers of rules apply to sending newsletters, and none prohibit it entirely.

Legal basis for sending

The first layer includes the General Data Protection Regulation (RGPD) and ePrivacy rules. The RGPD requires a legal basis for processing addresses, transparent information for individuals, and the right to oppose prospecting. Recital 47 explicitly allows prospecting as a legitimate interest for the data controller. The ePrivacy directive, in article L. 34-5 of the Postal and Electronic Communications Code, requires prior consent for direct email prospecting, with an exception for law firms. If contact information was collected during a service, the firm can send information about its services, provided the person could oppose it at the time and can do so again in each message.

Professional and internal regulations

The second layer is the National Internal Regulation (NIR). Since 2014, lawyers can use advertising and personalized solicitation under specific conditions. Article 10 of the NIR requires sincere information on the nature of services, no comparative or derogatory mentions, no promises of results, and personalized solicitation by mail only. A monthly letter that is honest and signed respects these conditions without much effort.

Professional secrecy rules

The third layer involves professional secrecy. Article 66-5 of the 1971 law and article 2 of the NIR do not allow exceptions for communication needs. No client should be identifiable, directly or through cross-referencing. Details like sectors, cities, amounts, and timelines are altered, and cases are anonymized or merged. Ongoing cases are never mentioned, even if anonymized, as the opposing party may be a subscriber.

Mandatory identification and authentication

The e-commerce directive requires all commercial communications to be clearly identifiable and include the sender's information. The footer must include the firm's name, address, bar registration, and contact details. Since February 2024, email providers also require domain authentication (SPF, DKIM, DMARC) and a one-click unsubscribe option, or the letter may end up in the spam folder.

Building the address list

The firm compiles existing addresses, noting their origin as the legal basis for each entry. The list grows through the engagement letter, a contact form on the website, LinkedIn profiles of partners, conference attendance lists, and a practical guide exchanged for an address and explicit consent. It never includes purchased files or exported LinkedIn contacts, which are illegal or against platform terms.

Format of the newsletter

Newsletters that fail are often magazines with multiple columns, logos, and news updates. Successful newsletters are letters written as if to a single person. They include an idea stated in the first two sentences, an anonymized case account, a task for the week, and a postscript about the firm. They are between three hundred to five hundred words, with a subject that names the idea, not the month, and are sent monthly on a fixed date.

Time and success metrics

Creating a newsletter takes about an hour: fifteen minutes to choose a recurring client question, twenty to write, ten to check for anonymity and compliance, ten to schedule the sending, and five to set aside time for replies. Success is measured by the number of responses, not the open rate, which can be inflated by email privacy protections. A response starts a conversation, and cases often come from there.

Key takeaways

A firm can send newsletters about its services to former clients without new consent, provided the option to refuse was given at the time of data collection and in each message. Professionals are contacted at their professional address with information and the right to oppose; individuals who have never been clients require prior consent. Article 10 of the NIR allows information letters by email, without promises, comparisons, or mentions of unrecognized specializations. Case accounts are anonymized and never involve ongoing cases. The footer identifies the firm, the sending domain is authenticated, and the unsubscribe is done with one click. A firm that addresses these issues before the first sending can use a monthly letter to people who already trust it, read because it does not look like advertising.