May a lawyer provide 'free' legal services to a real estate broker in exchange for the broker's client referrals?

Short answer The committee was of the opinion that if the legal services were provided on a quid pro quo basis in exchange for the referrals, it would violate RPC 7.2(c), but if they were not provided on that basis it would be permissible.

Bar

WSBA

Issued

1989

Apply this to your situation

This page answers the general question as of 1989. 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 Not binding precedent.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

A lawyer asked about receiving referrals from real estate brokers in exchange for "free" legal services. The committee's analysis turned on whether the services were a quid pro quo for the referrals. If the legal services were provided on a quid pro quo basis, the committee was of the opinion that the arrangement would violate RPC 7.2(c). If the services were not provided on that basis, the committee found the arrangement permissible.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of 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 Treat this page as historical context, not current guidance.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: Can a lawyer trade free legal work for a broker's referrals?

A: Under this 1989 opinion, not if the free services are a quid pro quo for the referrals; that would violate RPC 7.2(c).

Q: When would such an arrangement be permissible?

A: When the legal services are not provided on a quid pro quo basis in exchange for the referrals.

Q: What is the key factor?

A: Whether there is a quid pro quo, an exchange of value (the free services) for the referrals.

Background and rules framework

RPC 7.2(c), Washington's then-current version of the ABA Model Rule 7.2 prohibition, bars a lawyer from giving anything of value to a person for recommending the lawyer's services. The committee applied that prohibition to a broker-referral arrangement: providing "free" legal services as consideration for the referrals would be giving something of value for a recommendation and would violate the rule, while services untethered to a quid pro quo would not.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 7.2 (advertising; giving anything of value for recommending services)
Washington RPC 7.2(c)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=356

Original opinion text

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

The Committee reviewed your inquiry regarding referrals from real estate brokers in exchange for "free" legal services. The Committee was of the opinion that if such legal services were provided on a quid pro quo basis, that it would be in violation of RPC 7.2(c), but if it were not, it would be permissible.

What do the rules say today, for your facts?

This opinion is from 1989. Ezel checks the current Washington Rules of Professional Conduct against your situation and cites the rules it relies on.

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