Should the state bar endorse a private group's legal hotline or lawyer referral program?

Plain-English summary

The inquiry concerned an access-to-justice legal hotline. The committee stated that it strongly supports the philosophy of service to the public, but unanimously believed the WSBA should not endorse private groups in lawyer referral programs.

The committee concluded that the concept as presented violates RPC 8.4(c) and further raises the issue that the WSBA would be engaged in the practice of law once it endorses and supports such a program. As a practical matter, the committee added, a hotline as described immediately eliminates one half of those in need of assistance who would qualify, once such services are provided to the initial inquirer.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 cited rule corresponds to ABA Model Rule 8.4 (misconduct, including conduct involving dishonesty, fraud, deceit, or misrepresentation).

Common questions

Q: Can the WSBA endorse a private group's lawyer referral program?

A: The committee unanimously concluded the WSBA should not endorse private groups in lawyer referral programs.

Q: Why did the committee object to the proposed hotline?

A: It believed the concept as presented violates RPC 8.4(c) and would put the WSBA in the position of engaging in the practice of law by endorsing and supporting the program.

Q: Did the committee raise a practical concern about the hotline format?

A: Yes. The committee noted that a hotline as described immediately eliminates one half of those in need of assistance once services are provided to the initial inquirer.

Background and rules framework

The opinion applied RPC 8.4(c) (misconduct involving dishonesty, fraud, deceit, or misrepresentation), corresponding to ABA Model Rule 8.4. The committee tied its objection to the WSBA's endorsement of a private group's referral program, raised the separate concern that such endorsement would amount to the WSBA engaging in the practice of law, and noted the practical effect of the hotline serving only the initial inquirer.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 8.4 (misconduct); Washington RPC 8.4(c)

See also

• WA Ethics Op. 1602: For-Profit Referral Service
• WA Ethics Op. 1681: Group Legal Marketing Program
• WA Ethics Op. 1775: Group Legal Marketing Plan

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=850

Original opinion text

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

Advisory Opinion: 1786
Year Issued: 1997
RPC(s): RPC 8.4(c)
Subject: Access to Justice/Legal Hotline

RPC Committee strongly supports the philosophy of service to the public. However, the Committee unanimously believes that the WSBA should not endorse private groups in lawyer referral programs. The Committee believes that the concept as presented violates RPC 8.4(c), and further raises the issue that the WSBA is engaged in the practice of law once it endorses and supports such a program as described. Further, as a practical matter, a hotline as described immediately eliminates one half of those in need of assistance and qualify, once such services are provided to the initial inquirer.