Can a lawyer pay to participate in a referral service that advertises its referrals as 'personal referrals'?

Short answer No. The committee concluded that RPC 7.2 and 7.3 prohibit a lawyer from participating in the proposed referral service because its advertisement states that it is a 'personal referral' for which the lawyer has paid a fee.
Bar
WSBA
Issued
1987

Apply this to your situation

This page answers the general question as of 1987. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.

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 Not binding precedent.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

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 Treat this page as historical context, not current guidance.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

Source

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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