WSBA 1989

May a lawyer give business cards to a doctor friend to hand out to injured patients who may need a lawyer?

Short answer: The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from giving business cards to a doctor who requests them to give to patients, assuming no fee or other thing of value of any kind is given to the doctor for the referral.

Apply this to your situation

This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, 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 Not binding precedent.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 described a doctor friend's request for several of the lawyer's business cards, which the doctor would give to patients he has who have been injured, may need a lawyer, and have not retained one. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from giving business cards to a doctor who requests them to give to patients, assuming that no fee or other thing of value of any kind is given to the doctor for the referral.

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 Treat this page as historical context, not current guidance.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 let a doctor hand out the lawyer's business cards to patients?

A: Under this 1989 opinion, yes. The committee found nothing in the rules prohibiting it, so long as no fee or thing of value is given to the doctor for the referral.

Q: What is the condition?

A: No fee or other thing of value of any kind may be given to the doctor for the referral.

Q: Which rule did the committee cite?

A: RPC 7.3.

Background and rules framework

RPC 7.3, Washington's version of the ABA Model Rule 7.3 on solicitation of prospective clients, governs the conduct at issue. The committee read the rules to permit a lawyer to supply business cards to a doctor for distribution to patients, conditioned on the absence of any payment or thing of value to the doctor for the referral.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 7.3 (solicitation of clients)
Washington RPC 7.3

Source

Landing page: https://ao.wsba.org/print.aspx?ID=372

Original opinion text

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

The Committee reviewed your inquiry concerning the request of a doctor friend of yours that you give him several business cards that the doctor will give to patients that he has who have been injured and may need a lawyer and have not retained one. The Committee was of the opinion that nothing in the Rules of Professional Conduct prohibit a lawyer from giving business cards to a doctor who requests them to give to patients, assuming that no fee or other thing of value of any kind is given to the doctor for the referral.

Get today's answer for your situation

You just read a 1989 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.