Can a law firm sell simple wills from a county-fair booth, and where can someone complain about how it was done?

Plain-English summary

The committee noted that it had previously considered whether a law firm may establish a booth at a county fair for the purpose of selling simple wills. It restated that conclusion: nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibited the activity. The committee enclosed a copy of that earlier informal opinion, number 914.

The committee added that anyone wishing to file a complaint about the manner in which the service was offered should do so with the Disciplinary Board of the Washington State Bar Association.

Currency note

This opinion was issued in 1985, 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 Treat this page as historical context, not current guidance.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: Did the committee approve selling simple wills from a county-fair booth?

A: It restated its earlier position that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibits a law firm from doing so, referring to its prior Informal Opinion 914.

Q: What if someone objects to how the booth's service was run?

A: The committee said a person wishing to file a complaint about the manner in which the service was offered should do so with the WSBA Disciplinary Board.

Background and rules framework

The committee did not cite a rule by number. It pointed to its earlier opinion (914) finding nothing in the Code of Professional Responsibility or the Rules of Professional Conduct that prohibits selling simple wills from a county-fair booth. It separated the propriety of the activity itself, which the rules do not bar, from any complaint about how a particular service was carried out, which it routed to the Disciplinary Board.

Citations and references

Rules of Professional Conduct:

• The opinion cites no rule by number. It restates that neither the Code of Professional Responsibility nor the Rules of Professional Conduct prohibits the described booth (see Informal Opinion 914).

Other opinions cited:

• WSBA Informal Opinion 914 (the earlier opinion finding the county-fair will booth permissible).

See also

• WSBA Ethics Op. 914: a booth at a county fair to sell simple wills
• WSBA Ethics Op. 847: direct-mail advertising and free seminars

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=43

Original opinion text

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

Advisory Opinion: 932
Year Issued: 1985
RPC(s):
Subject: Booth at county fair for simple wills

The Committee has previously considered the question of whether a law firm may establish a booth as a county fair for the purpose of selling simple wills. The Committee was of the opinion that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibited such activity. I enclose a copy of that previous informal opinion #914 for your information. If you wish to file a complaint regarding the manner in which that service was offered, you should do so with the Disciplinary Board of the Washington State Bar Association.