Can a lawyer give real estate agents gift certificates as thanks for referring closings, and can the lawyer give certificates to buyers and sellers?

Plain-English summary

A lawyer asked about giving $25 restaurant gift certificates to real estate agents after they had referred real estate closings to the lawyer. The committee was of the opinion that such conduct would be giving something of value for the recommendation of the attorney's services, as prohibited by RPC 7.2(c). It said the same would be true if the lawyer gave such certificates to a buyer or seller for designating the lawyer as the closing officer.

The committee added that the lawyer could give gift certificates to both parties, so long as the lawyer was certain that they were not being passed on to the real estate agent for the recommendation.

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 Treat this page as historical context, not current guidance.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 thank a real estate agent with a gift certificate for referring a closing?

A: The committee said no; that would be giving something of value for the recommendation of the lawyer's services, prohibited by RPC 7.2(c).

Q: What about giving certificates to a buyer or seller who names the lawyer as closing officer?

A: The committee said that too would violate RPC 7.2(c).

Q: Could the lawyer ever give certificates to the buyer and seller?

A: The committee said yes, so long as the lawyer was certain they were not being passed on to the real estate agent for the recommendation.

Background and rules framework

The opinion applied RPC 7.2(c) (corresponding to ABA Model Rule 7.2), which bars a lawyer from giving anything of value to a person for recommending the lawyer's services. The committee read a $25 gift certificate as a thing of value and traced the prohibition to any path by which it would compensate the referring agent.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.2 (advertising; payment for recommendations); Washington RPC 7.2(c)

See also

• WA Ethics Op. 1518: Donation Bundled With a Legal Product
• WA Ethics Op. 1522: Joint Responsibility in a Divided Fee

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=615

Original opinion text

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

Advisory Opinion: 1535
Year Issued: 1993
RPC(s): RPC 7.2(c)
Subject: Solicitation; referral; restaurant gift certificates constitute giving something of value

The Committee reviewed your inquiry concerning the giving of [$25] restaurant gift certificates to real estate agents after they had referred real estate closings to the lawyer. The Committee was of the opinion that such conduct would be the giving of something of value for the recommendation of the attorney's services as prohibited by RPC 7.2(c). Similarly, if the lawyer were to give such certificates to either the buyer or seller for designating him as the closing officer, it would violate the same rule. The Committee was of the opinion that the lawyer could give gift certificates to both parties so long as the lawyer was certain that they were not being passed on to the real estate agent for the recommendation.