Can a lawyer pay part of a consultation fee back to a nonprofit lawyer referral service that sent the client?
Apply this to your situation
This page answers the general question as of 1993. Ask about yours and see what the current Washington Rules of Professional Conduct says for your facts, with citations.
Plain-English summary
A lawyer proposed establishing a not-for-profit lawyer referral service that would refer a prospective client to a registered attorney on a rotating basis. The client using the service would pay a registered attorney a $40 flat fee for a half-hour consultation; the attorney would retain $20 and mail $20 to the referral service. The lawyer asked whether the proposed service violated RPC 1.5(e)(1).
The committee was of the opinion that the proposal is allowed by the rules, so long as the lawyer referral service becomes "duly authorized" as required by RPC 1.5(e).
Currency note
This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 return part of a consultation fee to a referral service?
A: The committee was of the opinion that the proposed split (attorney keeps $20 of a $40 fee, sends $20 to the service) is allowed by the rules, subject to one condition.
Q: What is the condition?
A: The lawyer referral service must become "duly authorized" as required by RPC 1.5(e).
Background and rules framework
The opinion applied RPC 1.5(e) and RPC 1.5(e)(1), which govern the division of fees and the conditions for paying a lawyer referral service, corresponding to ABA Model Rule 1.5. The committee allowed the rotating-referral fee arrangement on the condition that the referral service itself become duly authorized under the rule.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.5 (fees; division of fees); Washington RPC 1.5(e) and RPC 1.5(e)(1)
See also
- WA Ethics Op. 1508: Prepaid Legal Services Plan Ads
- WA Ethics Op. 1444: County Bar Lawyer Referral Service Duties
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=592
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1511
Year Issued: 1993
RPC(s): RPC 1.5(e)
Subject: Division of fees with lawyer referral service
The Committee reviewed your inquiry wherein you proposed a not for profit lawyer referral service be established which would refer a prospective client to a registered attorney on a rotating basis. The client utilizing the service would pay a registered attorney a $40 flat fee for one-half hour of consultation. The registered attorney would retain $20 and mail $20 to the lawyer referral service. You inquired whether or not the proposed lawyer referral service violated RPC 1.5(e)(1). The Committee was of the opinion that the proposal is allowed by the Rules, so long as the lawyer referral service becomes "duly authorized" as required by 1.5(e).
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