How may a county bar lawyer referral service operate, and what duties do volunteer lawyers owe on confidentiality, limited scope, and withdrawal?

Plain-English summary

A county bar association asked about the operation of its lawyer referral service. The committee addressed three points: which cases the service may refer, what information volunteers may share with the service, and how a volunteer may limit the scope of a representation.

The committee was of the opinion that the lawyer referral service may refer fee-generating cases to lawyers who volunteer for the program, so long as the lawyer is competent to handle the matter as required by RPC 1.1. It said the volunteer lawyers may disclose information to the referral service, except that confidences and secrets may only be disclosed in compliance with RPC 1.6.

Finally, the committee was of the opinion that a volunteer lawyer may enter into an agreement with the client limiting the objectives of the representation, including the time to be spent on it, but noted that RPC 1.15 requires that on withdrawing from a representation, the lawyer must take the steps necessary to protect the client's interest.

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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: Can a bar referral service send fee-generating cases to volunteer lawyers?

A: Yes. The committee was of the opinion that it may, so long as the volunteer lawyer is competent to handle the matter as required by RPC 1.1.

Q: What can a volunteer lawyer tell the referral service about a case?

A: The committee said volunteers may disclose information to the service, but confidences and secrets may only be disclosed in compliance with RPC 1.6.

Q: Can a volunteer lawyer limit how much time is spent on a case?

A: The committee said a volunteer may agree with the client to limit the objectives of the representation, including the time spent, but must take the steps necessary to protect the client's interest on withdrawal under RPC 1.15.

Background and rules framework

The opinion applied three rules: RPC 1.1 (competence, ABA Model Rule 1.1), RPC 1.6 (confidentiality, ABA Model Rule 1.6), and the then-current RPC 1.15 governing declining or terminating representation, which corresponds to ABA Model Rule 1.16. (Washington renumbered its rules in the 2006 revisions; the 1991 RPC 1.15 covered the subject now in Model Rule 1.16.) The committee read the rules to allow a structured referral program while preserving competence, confidentiality, and the client's interest on withdrawal.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.1 (competence) / Washington RPC 1.1
• ABA Model Rule 1.6 (confidentiality) / Washington RPC 1.6
• ABA Model Rule 1.16 (declining or terminating representation; protecting the client on withdrawal) / Washington RPC 1.15 as it stood in 1991

See also

• AL Ethics Op. 1995-08: LRS Percentage-Fee Programs
• WA Ethics Op. 1441: Referral Fees Stay Out of Trust

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=524

Original opinion text

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

Advisory Opinion: 1444
Year Issued: 1991
RPC(s): RPC 1.1; 1.6; 1.15
Subject: County bar lawyer referral service; disclosure of information by volunteer lawyers to referral service; limiting scope of representation; duties on withdrawal

The Committee reviewed your inquiry regarding the operation of a county bar lawyer referral service. The Committee is of the opinion that the lawyer referral service may refer fee generating cases to lawyers who volunteer for the program so long as that lawyer is competent to handle the matter as required by RPC 1.1. The Committee is further of the opinion that the volunteer lawyers may disclose information to the referral service except that confidences and secrets may only be disclosed in compliance with RPC 1.6. Finally, the Committee is of the opinion that the volunteer lawyer may enter into an agreement with the client limiting the objectives of the representation, including the time to be spent on the representation, but noted that RPC 1.15 requires that upon withdrawing from a representation, the lawyer must take those steps necessary to protect the client's interest.