Can a lawyer donate prepaid legal-service certificates to a public radio station to give as premiums to donors?

Plain-English summary

The inquiry concerned donating legal services to a public radio station by providing the station with certificates, each representing an hour of prepaid legal services. The station would offer the certificates as premiums to people who pledged funds to support the station. The committee understood that the certificates would be a reward for contributing, but that whether to use the voucher was up to the donor.

The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited the practice, subject to two conditions: the message communicated by the station to the public must not violate RPC 7.1, which prohibits misleading and deceptive advertising, and the station must not indicate, directly or indirectly, that it was recommending the lawyer's services.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 7.1 corresponds to Model Rule 7.1 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 Treat this page as historical context, not current guidance.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 give a radio station prepaid legal-service vouchers to hand out to donors?

A: Per the opinion, yes, subject to conditions. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited the practice.

Q: What are the limits the committee set?

A: Two. The station's message to the public must not violate RPC 7.1's bar on misleading or deceptive advertising, and the station must not indicate, directly or indirectly, that it was recommending the lawyer's services.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 7.1, corresponding to Model Rule 7.1, which prohibits false or misleading communications about a lawyer or the lawyer's services. The committee permitted the donated-certificate arrangement so long as the station's public message stayed within RPC 7.1 and the station avoided indicating, directly or indirectly, a recommendation of the lawyer.

Citations and references

Rules of Professional Conduct:

• Washington RPC 7.1 (false or misleading communications about a lawyer's services), corresponding to Model Rule 7.1.

See also

• WSBA Ethics Op. 1150: a group advertising program naming participating attorneys
• WSBA Ethics Op. 1148: contacting real estate brokers and agents for closing referrals
• WSBA Ethics Op. 1085: a solicitation letter and brochure to a purchased list of CPAs

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=233

Original opinion text

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

Advisory Opinion: 1153
Year Issued: 1988
RPC(s): RPC 7.1
Subject: Advertising; referral; certificates for legal services given to public radio donors as premium

The Committee reviewed your inquiry regarding the donation of legal services to a public radio station by means of providing the station with certificates which would represent an hour of prepaid legal services. The Committee understood that the radio station would then offer these certificates as premiums to individuals who pledged funds to support the station. The Committee understood that these certificates would constitute a reward for contributing to the station, but whether to use the voucher was up to the donor. The Committee was of the opinion that nothing in the Rules of Professional Conduct prohibited such a practice so long as the message communicated by the station to the public did not violate RPC 7.1 which prohibits misleading and deceptive advertising, and that the station did not indicate directly or indirectly that it was recommending your services as a lawyer.