WSBA 1987

Can a lawyer ask other lawyers to refer criminal cases to him?

Short answer: Per the opinion, yes; the committee was of the opinion that nothing in the Rules of Professional Conduct prohibits soliciting criminal referrals from other lawyers, as proposed.

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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1987
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit the inquiring lawyer from soliciting criminal referrals from other lawyers, as proposed in the inquiry.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The advertising and solicitation rules then numbered RPC 7.1 through 7.4 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 Treat this page as historical context, not current guidance.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 lawyer solicit case referrals from other lawyers?

A: Per the opinion, yes. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit soliciting criminal referrals from other lawyers, as proposed.

Q: Does this involve soliciting clients directly?

A: No. The inquiry concerned soliciting referrals from other lawyers, not direct solicitation of prospective clients, and the committee found nothing in the rules prohibiting it.

Background and rules framework

The opinion points to the Washington advertising and solicitation rules then numbered RPC 7.1 through 7.4 (corresponding to Model Rules 7.1 through 7.4). The committee concluded that none of those rules prohibited the proposed conduct of soliciting criminal referrals from other lawyers.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 7.1 through 7.4 (communications about a lawyer's services, advertising, solicitation, and fields of practice), corresponding to Model Rules 7.1 through 7.4.

See also

Source

Original opinion text

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

Advisory Opinion: 1062
Year Issued: 1987
RPC(s): RPC 7.1; 7.2; 7.3; 7.4
Subject: Solicitation of referrals from other lawyers

The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit you from soliciting criminal referrals from other lawyers, as proposed in your inquiry.

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