Can a lawyer pay to be listed with a for-profit lawyer referral service that recommends a specific attorney to callers?

Plain-English summary

A lawyer asked about joining "National Connect", described as a worldwide for-profit business directory, to obtain client referrals. For a fee of $2,500 the attorney would be one of five attorneys listed within a geographical area, and the service would refer members of the public to attorneys from that list. The committee was of the opinion that such a service is prohibited under RPC 7.2(c).

The committee explained that RPC 7.2(c) requires a lawyer referral service or other legal service organization to be a not-for-profit organization, and National Connect is for-profit. The committee distinguished the arrangement from a written telephone or legal directory in which the customer chooses among attorneys: National Connect used a call-in procedure in which the service recommends a specific attorney from an exclusive list, so the service was recommending a lawyer's services in exchange for the lawyer paying something of value for the recommendation, the type of organization RPC 7.2(c) prohibits.

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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. RPC 7.2 corresponds to ABA Model Rule 7.2 on advertising and payment for recommending a lawyer's services.

Common questions

Q: Can a lawyer pay to be in a for-profit referral service?

A: No. The committee said RPC 7.2(c) permits only not-for-profit referral or legal service organizations, and a for-profit service that recommends a specific attorney for a fee is prohibited.

Q: What made this different from a paid directory listing?

A: The committee said a directory lets the customer choose among attorneys, while this service used a call-in procedure recommending a specific attorney from an exclusive list in exchange for the lawyer's fee, which RPC 7.2(c) prohibits.

Background and rules framework

The opinion applied RPC 7.2(c) (Washington's pre-2006 rule on advertising and paying for recommendations, corresponding to ABA Model Rule 7.2). The committee read the rule to require that a lawyer referral or legal service organization be not-for-profit, and treated payment to a for-profit service that recommends a specific lawyer as a prohibited payment for a recommendation.

Citations and references

Rules of Professional Conduct:

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

See also

• WA Ethics Op. 1150: Group Advertising and Referral Program
• WA Ethics Op. 1148: Contacting Real Estate Brokers for Closing Referrals

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=684

Original opinion text

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

Advisory Opinion: 1602
Year Issued: 1995
RPC(s): RPC 7.2(c)
Subject: Solicitation; for-profit referral service

The Committee reviewed your inquiry regarding the ethical propriety of an attorney utilizing "National Connect", a worldwide for-profit business directory as a means of obtaining client referrals. In exchange for a fee of $2,500 the attorney would be one of five attorneys listed within a geographical area. This referral service would provide lawyer referrals from this list to the public. It was the Committee's opinion that such a service is prohibited under RPC 7.2(c).

RPC 7.2(c) indicates that the lawyer referral service or other legal service organization must be a not-for-profit organization. National Connect is a for-profit referral service. The procedure that National Connect uses for referrals is unlike a written telephone or legal directory where the customer has an election of attorneys. National Connect instead uses a call-in procedure in which the referral service recommends a specific attorney from an exclusive list. The service is recommending a lawyer's service in exchange for the lawyer paying something of value for the "recommendation". This is the type of organization that RPC 7.2(c) specifically prohibits.