If a lawyer is hired by a nonprofit to give its members basic legal advice, can the lawyer take on related matters for those members for a fee?
Apply this to your situation
This page answers the general question as of 1992. 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
A lawyer was employed by a nonprofit corporation to provide rudimentary legal advice to the organization's members concerning the Crime Victims' Compensation Act and other matters. The lawyer asked whether he could undertake to represent those members on related matters for which he would be paid a fee.
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit the lawyer from undertaking such representation, provided that he otherwise complied with the solicitation rules in Title 7 of the RPCs.
Currency note
This opinion was issued in 1992, before 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 Treat this page as historical context, not current guidance.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 paid by a nonprofit to advise its members also take their related cases for a fee?
A: The committee was of the opinion that nothing in the rules would prohibit it, provided the lawyer otherwise complied with the solicitation rules in Title 7 of the RPCs.
Q: What is the condition the committee attached?
A: Compliance with the solicitation rules in Title 7 of the Rules of Professional Conduct.
Background and rules framework
The opinion addressed solicitation under RPC 7.3 and the broader Title 7 advertising-and-solicitation rules, corresponding to ABA Model Rule 7.3. The committee found no categorical bar to a lawyer who provides basic advice to a nonprofit's members later representing those members for a fee on related matters, conditioning that conclusion on compliance with the solicitation rules.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.3 (solicitation of clients)
- Washington RPC 7.3 and Title 7 (advertising and solicitation)
See also
- WA Ethics Op. 1421: Handing Out Ads at Seminars
- AL Ethics Op. 1996-05: Direct-Mail Advertising Rules
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=527
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1447
Year Issued: 1992
RPC(s): RPC 7.3
Subject: Solicitation; lawyer employed by non-profit to provide legal advice to members may represent members on related matters for fee
The Committee reviewed your inquiry concerning your employment by a non-profit corporation to provide rudimentary legal advice to members of the organization concerning the Crime Victim's Compensation Act, and other matters. Your question concerned whether you may undertake to provide representation to those persons on related matters for which you would be paid a fee.
The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit you from undertaking such representation, provided that you otherwise complied with the solicitation rules in Title 7 of the RPCs.
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