WSBA 1990

Can a lawyer refer clients to a relative for non-legal services?

Short answer: The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services so long as the lawyer complies with RPC 1.6(a), 1.7(b), 5.4(b), and 2.1.

Apply this to your situation

This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative to perform non-legal services, so long as the lawyer complies with the rules it identified: RPC 1.6(a) regarding confidences and secrets, RPC 1.7(b) regarding conflicts of interest, RPC 5.4(b) regarding the professional independence of the lawyer, and RPC 2.1 as it relates to the lawyer acting as "advisor."

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Can a lawyer send clients to a relative for non-legal work?

A: Under this 1990 opinion, yes; the committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services, subject to the rules it listed.

Q: What conditions did the committee attach?

A: Compliance with RPC 1.6(a) (confidences), 1.7(b) (conflicts), 5.4(b) (professional independence), and 2.1 (the lawyer's role as advisor).

Background and rules framework

At the time of this opinion, Washington's RPC 1.6 governed confidentiality, RPC 1.7 governed conflicts of interest, RPC 5.4 protected the lawyer's professional independence, and RPC 2.1 addressed the lawyer's role as advisor, the subjects the Model Rules place in Rules 1.6, 1.7, 5.4, and 2.1. The committee allowed the referral while channeling it through those four rules.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.6 (confidentiality)
ABA Model Rule 1.7 (conflicts of interest)
ABA Model Rule 2.1 (advisor)
ABA Model Rule 5.4 (professional independence)
Washington RPC 1.6(a), 1.7(b), 2.1, 5.4(b)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=463

Original opinion text

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

The Committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative to perform non-legal services so long as the lawyer complies with RPC 1.6(a) regarding confidences and secrets; RPC 1.7(b) regarding conflicts of interest; RPC 5.4(b) regarding professional independence of the lawyer; and RPC 2.1 as it relates to "advisor."

Get today's answer for your situation

You just read a 1990 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.