Can a Washington lawyer join a referral service where non-lawyers screen calls and refer consumers, and does that aid the unauthorized practice of law?

Plain-English summary

The committee reviewed again an inquiry about a legal referral service. The facts presented were that subscribing lawyers pay flat monthly fees not related to the number of referrals received, if any; the service provides three or more resumes to the inquiring consumer at no charge, with more available if wished; and the consumer is not given legal advice by any employee of the service.

On those facts, the committee was of the opinion that its previous opinion, item number 935, indicated that a Washington lawyer may participate in such a proposed referral service. The committee was further of the opinion that the fact that non-lawyers receive the initial consumer telephone call, screen the call, and refer the consumer to subscribing lawyers would not constitute the unauthorized practice of law, and therefore lawyers who participated in the service would not be aiding the unauthorized practice of law.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rules governing lawyer referral services and the unauthorized practice of law were later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a Washington lawyer participate in this kind of referral service?

A: Per the opinion, yes. The committee was of the opinion that its prior opinion, item number 935, indicated a Washington lawyer may participate in the proposed referral service as described.

Q: Is it the unauthorized practice of law for non-lawyers to screen calls and refer consumers?

A: No. The committee was of the opinion that non-lawyers receiving, screening, and referring the initial consumer call would not constitute the unauthorized practice of law.

Q: What features of the service did the committee rely on?

A: The committee relied on flat monthly subscriber fees not tied to the number of referrals, the free provision of three or more resumes to the consumer, and the absence of any legal advice from service employees.

Background and rules framework

The opinion addresses whether a lawyer may join a legal referral service and whether participating aids the unauthorized practice of law. It rests on the committee's earlier opinion, item number 935, rather than on a numbered Rule of Professional Conduct, and it turns on the service's structure: flat fees unrelated to referral volume, free resumes to consumers, and no legal advice given by the service's non-lawyer staff.

Citations and references

Other opinions cited:

• WSBA Informal Opinion 935: a Washington lawyer's participation in a lawyer referral service.

See also

• WSBA Ethics Op. 935: a lawyer's participation in a lawyer referral service
• WSBA Ethics Op. 920: paying a referral association
• WSBA Ethics Op. 899: renting space to a non-lawyer and the unauthorized practice of law

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=162

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1051
Year Issued: 1987
RPC(s): RPC (See Informal Opinion 935)
Subject: Lawyer referral service; aiding unauthorized practice of law

At your request, the Committee again reviewed inquiry item 1051 concerning your client [a legal referral service]. Based upon the information presented by you concerning the operation of [the legal referral service], including the fact that subscribing lawyers pay flat monthly fees not related to the number of referrals received, if any; the service provides three or more resumes to the inquiring consumer who receives those resumes without fees and can receive additional resumes if wished; and that the inquiring consumer is not given legal advice by any employee of [the legal referral service]; the Committee was of the opinion that its previous opinion, item number 935, which you have been given, does indicate that a Washington lawyer may participate in such a proposed referral service. The Committee was further of the opinion that the fact that non-lawyers receive the initial consumer telephone call, screen the call, and refer the consumer to subscribing lawyers would not constitute the unauthorized practice of law and therefore lawyers who participated in the service would not be aiding the unauthorized practice of law.