May a lawyer participate in a group marketing program run by an outside advertising firm?
Apply this to your situation
This page answers the general question as of 1988. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned the ethical propriety of participating in group marketing programs offered by an advertising firm. The committee analyzed the question under RPC 7.2, Washington's advertising rule.
The committee was of the opinion that, as long as the information provided by the marketing services is not misleading or deceptive and the names of the participating lawyers are identified, a lawyer who participates in such programs would not violate RPC 7.2.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance.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: Could a lawyer join an advertising firm's group marketing program?
A: Under this 1988 opinion, yes, provided the marketing information is not misleading or deceptive and the participating lawyers are identified by name.
Q: What two conditions did the committee attach?
A: The marketing information had to be neither misleading nor deceptive, and the participating lawyers had to be identified by name.
Background and rules framework
RPC 7.2, Washington's version of ABA Model Rule 7.2, governs lawyer advertising, including advertising through public media and the involvement of others in marketing a lawyer's services. The committee applied that rule to a third-party group marketing program, focusing on whether the program's information was misleading and whether the participating lawyers were identified.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.2 (advertising)
- Washington RPC 7.2
See also
- WSBA Ethics Op. 1071: Paid personal referral service
- WSBA Ethics Op. 1051: Lawyer referral service and UPL
- WSBA Ethics Op. 1153: Donated legal-service certificates
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=326
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning the ethical propriety of participating in group marketing programs offered by an advertising firm. The Committee is of the opinion that as long as the information provided by the marketing services is not misleading or deceptive, and the names of the participating lawyers are identified, a lawyer who participates in them would not be in violation of RPC 7.2.
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