Can a lawyer ask other lawyers to refer criminal cases to him?
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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.
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 Treat this page as historical context, not current guidance.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
- WSBA Ethics Op. 1038: a mail solicitation letter to a mayor
- WSBA Ethics Op. 1018: a law firm brochure sent to referral sources
- WSBA Ethics Op. 920: paying a referral association
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=173
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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