Can a lawyer pay to participate in a referral service that advertises its referrals as 'personal referrals'?
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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
After reviewing the materials submitted with the inquiry, the committee was of the opinion that RPC 7.2 and 7.3 would prohibit a lawyer from participating in the proposed referral service. The committee tied that conclusion to a specific feature of the service: its advertisement stated that it provided a "personal referral" for which the lawyer had paid a fee.
The opinion is brief and does not analyze the rules clause by clause; it rests on the combination of a paid fee and an advertisement holding the referral out as a personal one.
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 7.2 and 7.3 were later amended, and the rules governing lawyer referral services have changed. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: Why did the committee say the lawyer could not join this referral service?
A: The committee was of the opinion that RPC 7.2 and 7.3 prohibited participation because the service's advertisement stated it was a "personal referral" for which the lawyer had paid a fee.
Q: Was the problem the payment, the advertisement, or both?
A: Per the opinion, the committee pointed to both together: a fee paid by the lawyer and an advertisement describing the referral as a "personal referral."
Background and rules framework
The opinion applies Washington RPC 7.2 (advertising, including limits on paying others to recommend the lawyer's services) and RPC 7.3 (direct contact with prospective clients), each corresponding to the same-numbered Model Rule. The committee read the combination of a paid fee and an advertised "personal referral" as falling within what those rules prohibit, without elaborating the analysis further.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.2 (advertising; paying for referrals), corresponding to Model Rule 7.2.
- Washington RPC 7.3 (direct contact with prospective clients), corresponding to Model Rule 7.3.
See also
- WSBA Ethics Op. 920: a multi-firm advertising association with a shared number that refers callers for a fee
- WSBA Ethics Op. 935: joining a private referral service whose non-lawyer staff screen and refer callers
- WSBA Ethics Op. 1051: a referral service with non-lawyer screening and the unauthorized-practice question
- WSBA Ethics Op. 1068: owning a counseling business and paying staff to refer clients
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=182
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1071
Year Issued: 1987
RPC(s): RPC 7.2; 7.3
Subject: Lawyer referral service
Upon reviewing the materials submitted with your inquiry, the Committee was of the opinion that RPC 7.2 and 7.3 would prohibit a lawyer from participating in [the proposed referral service] because the advertisement offered by this service states that it is a "personal referral" for which the lawyer has paid a fee.
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