WSBA 1993

Can a law firm run an advertisement seeking a joint-venture partner to bid together on public-sector legal-services contracts?

Short answer: The committee concluded nothing in the RPCs would prohibit the firm's advertisement seeking a joint-venture partner, but said it did not have enough facts about the joint ventures themselves to comment on their propriety.

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This page answers the general question as of 1993. 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 Not binding precedent.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 wished to place an advertisement stating that her firm was certified as a women's business enterprise and seeking a joint venture with another firm to bid on public-sector legal-services contracts.

The committee was of the opinion that nothing in the RPCs would prohibit the advertisement. It added that it did not have enough facts regarding the joint ventures to comment on the propriety of them.

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 Treat this page as historical context, not current guidance.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 firm advertise that it is seeking a joint-venture partner to bid on public contracts?

A: The committee said nothing in the RPCs would prohibit the advertisement.

Q: Did the committee approve the joint venture itself?

A: No. It said it did not have enough facts regarding the joint ventures to comment on their propriety.

Background and rules framework

The opinion applied RPC 7.2 (corresponding to ABA Model Rule 7.2), governing advertising. The committee treated the firm's notice seeking a joint-venture partner as permissible advertising and confined its conclusion to the advertisement, leaving the propriety of any resulting joint venture unaddressed for lack of facts.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 7.2 (advertising); Washington RPC 7.2

Source

Landing page: https://ao.wsba.org/print.aspx?ID=616

Original opinion text

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

Advisory Opinion: 1534
Year Issued: 1993
RPC(s): RPC 7.2
Subject: Advertising; lawyer seeking another firm to join in joint venture

[The lawyer wished to place an advertisement stating that her firm was certified as a women's business enterprise and seeking a joint venture with another firm to bid on public-sector legal services contracts.] The Committee reviewed your inquiry regarding advertising for joint ventures. The Committee was of the opinion that nothing in the RPCs would prohibit the advertisement, but the Committee did not have enough facts regarding joint ventures to comment on the propriety of them.

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