Can a lawyer enter an agreement with a union to refer its members for legal services?

Plain-English summary

A lawyer asked about an agreement with a union for the referral of union members for legal services. The committee thought that, on its face, such an agreement might violate RPC 7.3.

The committee noted that, in a series of cases, most recently United Transportation Union v. Michigan State Bar, 401 U.S. 575 (1971), the United States Supreme Court held that such an arrangement is protected under the right of association.

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 Treat this page as historical context, not current guidance.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 7.3 corresponds to ABA Model Rule 7.3 (solicitation of clients).

Common questions

Q: Can a union refer its members to a particular lawyer or firm?

A: The committee noted that, while such an agreement might on its face appear to violate RPC 7.3, the U.S. Supreme Court has held that such arrangements are protected under the right of association.

Q: What authority did the committee rely on?

A: The committee cited a series of U.S. Supreme Court cases, most recently United Transportation Union v. Michigan State Bar, 401 U.S. 575 (1971), protecting such referral arrangements under the right of association.

Background and rules framework

The opinion addressed RPC 7.3 (solicitation of clients, corresponding to ABA Model Rule 7.3). The committee identified a tension between the rule's facial reach and the constitutional right of association recognized by the U.S. Supreme Court, and treated the Supreme Court's line of cases as controlling for union-sponsored referral of members to lawyers.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)

Cases:

• United Transportation Union v. State Bar of Michigan, 401 U.S. 575 (1971), union referral of members for legal services protected by the right of association

See also

• WA Ethics Op. 1639: For-Profit Service Soliciting Bids From Law Firms
• WA Ethics Op. 1628: Sharing a Consultation Fee With Translator Referral Sources

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=728

Original opinion text

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

Advisory Opinion: 1646
Year Issued: 1995
RPC(s): RPC 7.3(a)
Subject: Solicitation; union referral of its members to lawyers

The Committee reviewed your inquiry regarding an agreement with a union for referral of union members for legal services. While the Committee thought that, on its face, such an agreement might violate RPC 7.3, it understands that, in a series of cases, most recently United Transportation Union v. Michigan State Bar, 401 U.S. 575 (1971), the United States Supreme Court held that such an arrangement is protected under the right of association.