Can a law school clinic engage in in-person solicitation of potential clients without violating the anti-solicitation rule?

Plain-English summary

A lawyer asked about solicitations of potential clients on behalf of a law school affordable-housing clinic. The committee was of the opinion that the proposed in-person solicitation would not violate RPC 7.3.

The committee conditioned that conclusion on three points: the primary purpose of the solicitations remains educational; the purpose of the program remains to provide affordable housing; and any funds generated by the solicitation remain to finance the clinic's program and do not go to the general funds of the university.

Currency note

This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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: Does in-person solicitation for a law school clinic violate the anti-solicitation rule?

A: The committee said the proposed in-person solicitation would not violate RPC 7.3, provided the conditions it listed were met.

Q: What conditions did the committee attach?

A: The primary purpose of the solicitation must remain educational, the program's purpose must remain providing affordable housing, and funds generated must stay with the clinic rather than going to the university's general funds.

Background and rules framework

The opinion applied RPC 7.3 (ABA Model Rule 7.3), which restricts in-person solicitation of prospective clients. The committee treated the clinic's educational and affordable-housing purpose, and the requirement that funds stay with the clinic rather than the university's general funds, as the conditions that kept the proposed in-person solicitation outside the rule's prohibition.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3

See also

• WA Ethics Op. 1038: Mail Solicitation Letter to a Mayor
• WA Ethics Op. 1062: Soliciting Criminal Referrals From Other Lawyers

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=642

Original opinion text

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

Advisory Opinion: 1561
Year Issued: 1994
RPC(s): RPC 7.3
Subject: In person solicitation of clients for law school clinic

The Committee reviewed your inquiry regarding solicitations of potential clients on behalf of [a law school affordable housing clinic]. The Committee was of the opinion that your proposed in person solicitation would not violate RPC 7.3 so long as: 1) The primary purpose of such solicitations remains educational; 2) The purpose of the program remains to provide affordable housing, and; 3) Any funds generated by such solicitation remain to finance the program of the clinic and do not go to the general funds of the university.