Can a lawyer agree to have translators screen and refer clients and share the initial consultation fee?

Plain-English summary

A lawyer asked about an agreement between the law office and two translators who operate travel agencies and have extensive ties to the Southeast Asian community. Under the proposed agreement, the translators would conduct initial client screening, establish an initial fee agreement, and refer potential clients to the lawyer for an initial consultation; the translators would provide translation services and share an initial consultation fee.

The committee was of the opinion that the proposed fee agreement appears to violate RPC 7.2(c) and RPC 7.3(a).

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.2 and 7.3 correspond to ABA Model Rules 7.2 (communications concerning a lawyer's services, including the bar on giving anything of value for a recommendation) and 7.3 (solicitation of clients).

Common questions

Q: Can a lawyer pay or share fees with a nonlawyer who refers clients?

A: The committee was of the opinion that the proposed agreement to share an initial consultation fee with the translators appears to violate RPC 7.2(c).

Q: Can translators screen and sign up clients before referring them to the lawyer?

A: The committee was of the opinion that the arrangement, in which the translators screen clients and establish an initial fee agreement before referring them, appears to violate RPC 7.3(a).

Background and rules framework

The opinion applied RPC 7.2(c) (communications concerning a lawyer's services, corresponding to ABA Model Rule 7.2, including the prohibition on giving anything of value for recommending the lawyer's services) and RPC 7.3(a) (solicitation of clients, corresponding to ABA Model Rule 7.3). The committee assessed the screen-refer-and-share-fee structure of the proposed agreement against both rules and concluded it appears to violate each.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.2 (communications concerning a lawyer's services); Washington RPC 7.2(c)
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)

See also

• WA Ethics Op. 1624: Paying a Paralegal From Court-Awarded Fees
• WA Ethics Op. 1621: Free Service Then Asking for a Retainer

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=711

Original opinion text

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

Advisory Opinion: 1628
Year Issued: 1995
RPC(s): RPC 7.2(c); 7.3(a)
Subject: Solicitation; referrals from translators who share initial consultation fee with lawyer

The Committee discussed your inquiry regarding the terms of an agreement between your law office and two translators operating travel agencies. The two translators have extensive ties to the Southeast Asian community. The proposed agreement contemplates initial client screening by the translators, who would then establish an initial fee agreement and refer potential clients to you for an initial consultation. The translators would provide translation services and share an initial consultation fee. It was the Committee's opinion that the proposed fee agreement appears to violate RPC 7.2(c) and RPC 7.3(a).