Can a lawyer contact real estate brokers and agents to describe his services and ask for closing referrals?
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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The committee was of the opinion that RPC 7.3 would not prohibit the lawyer from contacting real estate brokers and agents to advise them of the legal services performed by the lawyer and to seek closing referrals.
The holding is a single point: outreach to brokers and agents as potential referral sources, describing the lawyer's services and asking for closing work, falls outside what RPC 7.3 prohibits.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The solicitation rule then numbered RPC 7.3 corresponds to Model Rule 7.3 and was rewritten in the current rules. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: Can a lawyer reach out to real estate agents to drum up closing referrals?
A: Per the opinion, yes. The committee was of the opinion that RPC 7.3 would not prohibit contacting brokers and agents to advise them of the lawyer's services and seek closing referrals.
Q: Does it matter that the lawyer is asking the brokers for referrals?
A: On these facts, the committee found the contact permissible under RPC 7.3. The inquiry described contacting brokers and agents (referral sources), and the committee said the rule would not prohibit it.
Background and rules framework
The opinion applies the solicitation rule then numbered Washington RPC 7.3, corresponding to Model Rule 7.3. The committee read that rule not to reach a lawyer's contact with real estate brokers and agents to describe the lawyer's services and seek closing referrals.
Citations and references
Rules of Professional Conduct:
- Washington RPC 7.3 (solicitation of clients), corresponding to Model Rule 7.3.
See also
- WSBA Ethics Op. 1018: distributing a law-firm brochure to potential referral sources
- WSBA Ethics Op. 1085: a solicitation letter and brochure to a purchased list of CPAs
- WSBA Ethics Op. 1150: a group advertising program naming participating attorneys
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=228
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1148
Year Issued: 1988
RPC(s): RPC 7.3
Subject: Advertising; referrals; real estate brokers and agents
The Committee was of the opinion that RPC 7.3 would not prohibit you from contacting real estate brokers and agents to advise them of the legal services performed by you and seeking closing referrals.
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