Can a lawyer refer clients to a relative for non-legal services?
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This page answers the general question as of 1990. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative to perform non-legal services, so long as the lawyer complies with the rules it identified: RPC 1.6(a) regarding confidences and secrets, RPC 1.7(b) regarding conflicts of interest, RPC 5.4(b) regarding the professional independence of the lawyer, and RPC 2.1 as it relates to the lawyer acting as "advisor."
Currency note
This opinion was issued in 1990, 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 Treat this page as historical context, not current guidance.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 send clients to a relative for non-legal work?
A: Under this 1990 opinion, yes; the committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services, subject to the rules it listed.
Q: What conditions did the committee attach?
A: Compliance with RPC 1.6(a) (confidences), 1.7(b) (conflicts), 5.4(b) (professional independence), and 2.1 (the lawyer's role as advisor).
Background and rules framework
At the time of this opinion, Washington's RPC 1.6 governed confidentiality, RPC 1.7 governed conflicts of interest, RPC 5.4 protected the lawyer's professional independence, and RPC 2.1 addressed the lawyer's role as advisor, the subjects the Model Rules place in Rules 1.6, 1.7, 5.4, and 2.1. The committee allowed the referral while channeling it through those four rules.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.6 (confidentiality)
- ABA Model Rule 1.7 (conflicts of interest)
- ABA Model Rule 2.1 (advisor)
- ABA Model Rule 5.4 (professional independence)
- Washington RPC 1.6(a), 1.7(b), 2.1, 5.4(b)
See also
- WA Ethics Op. 1365: 'Of Counsel' Designation With Referrals
- WA Ethics Op. 1358: Office Sharing With a Nonlawyer Claims Adjuster
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=463
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative to perform non-legal services so long as the lawyer complies with RPC 1.6(a) regarding confidences and secrets; RPC 1.7(b) regarding conflicts of interest; RPC 5.4(b) regarding professional independence of the lawyer; and RPC 2.1 as it relates to "advisor."
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