Can a lawyer use an outside advertising service that runs a toll-free number, takes calls, and forwards messages to the lawyer?

Plain-English summary

The inquiry concerned an advertising firm that would provide toll-free numbers for viewers to call. The advertising firm would answer the calls and forward the messages to the lawyer.

The committee concluded that there is nothing in the Rules of Professional Conduct that would prohibit a Washington lawyer from participating in the proposed advertising service.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments, later opinions, and court decisions on commercial speech 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 Treat this page as historical context, not current guidance.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 use an outside advertising service that takes calls on a toll-free line?

A: The committee said yes. It found nothing in the Rules of Professional Conduct that would prohibit a Washington lawyer from participating in the proposed service.

Q: What did the service do?

A: The advertising firm would provide toll-free numbers for viewers to call, answer the calls, and forward the messages to the lawyer.

Background and rules framework

The opinion applies RPC 7.2, Washington's rule on advertising (the analog of Model Rule 7.2). The committee read the rule to permit a lawyer's participation in the described service, in which an advertising firm runs a toll-free line, answers calls, and forwards messages to the lawyer. This contrasts with an arrangement where lawyers pay an organization for the recommendation of their services.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.2 (advertising)
• Washington RPC 7.2 (advertising)

See also

• WSBA Ethics Op. 920: paying an association to refer cases to its members
• WSBA Ethics Op. 918: "no recovery -- no fee" and misleading advertising

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=36

Original opinion text

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

Advisory Opinion: 925
Year Issued: 1986
RPC(s): RPC 7.2
Subject: Advertising service; forwarding messages to law firm

The inquiry concerned an advertising firm which would provide toll free numbers for viewers to call; the advertising firm would answer the calls and forward messages to the lawyer. The Committee was of the opinion that there is nothing in the Rules of Professional Conduct which would prohibit a Washington lawyer from participating in the proposed advertising service.