Can a lawyer pay a community welcome program to hand new families a gift bearing the lawyer's name and address?

Plain-English summary

A lawyer wished to participate in a program in which new families and businesses are welcomed to the community. The lawyer would pay a fee to the program and donate a gift bearing the lawyer's name and address, to be given to each family.

The committee was of the unanimous opinion that as long as the "Friendship Basket" representative does not solicit legal business for the lawyer, the lawyer can participate in the program.

Currency note

This opinion was issued in 1993, 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 Treat this page as historical context, not current guidance.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 lawyer pay a welcome-basket program to distribute gifts with the lawyer's name?

A: The committee said yes, the lawyer may participate, as long as the program's representative does not solicit legal business for the lawyer.

Q: What is the line the program may not cross?

A: The committee's condition was that the "Friendship Basket" representative not solicit legal business for the lawyer.

Background and rules framework

The opinion considered RPC 7.1, 7.2, and 7.3 (corresponding to the same-numbered ABA Model Rules), which govern communications about a lawyer's services, advertising, and solicitation. The committee treated the branded gift distributed by the welcome program as permissible advertising, with the dividing line being whether the program's representative engaged in solicitation of legal business for the lawyer.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications about a lawyer's services); Washington RPC 7.1
• ABA Model Rule 7.2 (advertising); Washington RPC 7.2
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3

See also

• WA Ethics Op. 1518: Donation Bundled With a Legal Product
• WA Ethics Op. 1499: When a 'Public Notice' Caption Makes an Ad Misleading

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=604

Original opinion text

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

Advisory Opinion: 1523
Year Issued: 1993
RPC(s): RPC 7.1, 7.2, 7.3
Subject: Advertising; solicitation; gifts with lawyer's name distributed by third party for fee

[The lawyer wished to participate in a program in which new families and businesses are welcomed to the community. The lawyer would pay a fee to the program and donate a gift with the lawyer's name and address to be given to each family.] The Committee was of the unanimous opinion that as long as the "Friendship Basket" representative does not solicit legal business for you, you can participate in this program.