Can a law firm accept client referrals from a public-interest nonprofit that the firm supports with tax-deductible contributions?

Plain-English summary

A firm asked about referrals received from a public-interest law firm to which the firm makes tax-deductible contributions. The committee was of the opinion that, assuming there is no direct tie between the contributions and the referrals, nothing in the Rules of Professional Conduct would prohibit the firm from accepting such referrals.

Currency note

This opinion was issued in 1992, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 firm accept referrals from a nonprofit it donates to?

A: The committee concluded that, assuming no direct tie between the contributions and the referrals, nothing in the Rules of Professional Conduct prohibits accepting the referrals.

Q: What was the key condition in the committee's answer?

A: The condition was the absence of a direct tie between the firm's tax-deductible contributions and the referrals it received.

Background and rules framework

The opinion applied RPC 7.2(c) (the bar on giving something of value for recommending a lawyer's services), corresponding to ABA Model Rule 7.2. The committee's analysis turned on whether the contributions functioned as payment for referrals: absent a direct tie between the donations and the referrals, the arrangement did not run afoul of the rule.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.2 (advertising; payment for recommendations); Washington RPC 7.2(c)

See also

• ABA Formal Op. 474: Referral Fees and Conflicts
• WA Ethics Op. 1462: Office Sharing With a Nonlawyer

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=564

Original opinion text

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

Advisory Opinion: 1484
Year Issued: 1992
RPC(s): RPC 7.2(c)
Subject: Referrals; law firm receives referrals from nonprofit to which firm makes tax deductible contributions

The Committee reviewed your inquiry regarding referrals received from a public interest law firm to which your law firm makes tax deductible contributions. The Committee was of the opinion that, assuming there is no direct tie between the contributions and the referrals, nothing in the Rules of Professional Conduct would prohibit you from accepting such referrals.