Can a for-profit service solicit bids from law firms on behalf of its business clients?

Plain-English summary

The inquirer was considering the operation of a for-profit service organization that would solicit bids from law firms on behalf of its business clients. The committee discussed the matter with the inquirer present and raised several concerns during the discussion.

The committee was of the opinion that the proposed service would violate RPC 7.2(c).

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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.2 corresponds to ABA Model Rule 7.2 (communications concerning a lawyer's services), which includes the prohibition on giving anything of value for recommending the lawyer's services.

Common questions

Q: Can a for-profit company solicit bids from law firms for its business clients?

A: The committee was of the opinion that the proposed for-profit service would violate RPC 7.2(c).

Q: Did the committee approve the bidding model with conditions?

A: No. The committee raised several concerns and concluded that the proposed service would violate RPC 7.2(c).

Background and rules framework

The opinion addressed RPC 7.2(c) (communications concerning a lawyer's services, corresponding to ABA Model Rule 7.2, including the bar on giving anything of value for recommending a lawyer's services). The committee assessed the proposed for-profit bid-soliciting organization against that rule and concluded it would violate the rule.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.2 (communications concerning a lawyer's services); Washington RPC 7.2(c)

See also

• WA Ethics Op. 1628: Sharing a Consultation Fee With Translator Referral Sources
• WA Ethics Op. 1646: Union Referral of Members Protected by Right of Association

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=722

Original opinion text

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

Advisory Opinion: 1639
Year Issued: 1995
RPC(s): RPC 7.2(c)
Subject: Solicitation; referral service

Since you were present during the Committee's discussion of this matter, I will briefly summarize the Committee's decision. The Committee understood that you were considering the operation of a for-profit service organization [which would solicit bids from law firms on behalf of its business clients.] Although several concerns were raised by the Committee which were shared with you during discussion, the Committee was of the opinion that the proposed service would violate RPC 7.2(c).