WSBA 1996

Can a lawyer accept client referrals from a real estate broker without giving the broker anything of value?

Short answer: The committee concluded that on the facts presented, where the lawyer would simply be available for a broker's referrals and would give nothing of value in exchange, the referrals would not violate RPC 7.3(a) or RPC 7.2(c). It cautioned that serious questions would arise if the lawyer paid for referrals, offered discounts or value to referred clients, made misrepresentations, or the broker made unduly flattering misrepresentations about the lawyer.

Apply this to your situation

This page answers the general question as of 1996. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry concerned the ethics of being available for a real estate broker's referrals. The lawyer would not actively solicit clients through the broker but would simply be available for referrals without giving anything of value to the broker in exchange.

The committee concluded that, on the facts presented, these referrals would not violate RPC 7.3(a) or RPC 7.2(c). It quoted the official commentary to ABA Model Rule 7.2(c) that the restriction "does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services." The committee cautioned that serious questions would be presented if, for example, the lawyer paid for referrals, offered discounts in legal fees or anything of value to clients referred by the broker that would increase the value of the broker's business, made misrepresentations to obtain clients, or learned that the broker was making unduly flattering misrepresentations about the lawyer. No such facts were presented, and it cited RPC 1.7(b), 7.1, and 8.4(c) as further reference points.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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 take referrals from a real estate broker?

A: The committee concluded that, on the facts presented (no active solicitation, nothing of value given to the broker), accepting the broker's referrals would not violate RPC 7.3(a) or RPC 7.2(c).

Q: What would change that conclusion?

A: The committee said serious questions would arise if the lawyer paid for referrals, offered discounts or value to referred clients that increased the broker's business, made misrepresentations to obtain clients, or the broker made unduly flattering misrepresentations about the lawyer.

Q: Can a non-lawyer recommend a lawyer's services at all?

A: The committee quoted the comment to ABA Model Rule 7.2(c) that the restriction does not prevent a person or organization other than the lawyer from advertising or recommending the lawyer's services.

Background and rules framework

The opinion applied Washington RPC 7.3(a) (solicitation of clients, ABA Model Rule 7.3) and RPC 7.2(c) (payment for recommending a lawyer's services, ABA Model Rule 7.2), reading them to allow a lawyer to accept unpaid referrals from a real estate broker. It cited RPC 7.1 (misleading communications), RPC 1.7(b) (conflicts), and RPC 8.4(c) (dishonesty) as reference points if value were exchanged or misrepresentations made.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)
ABA Model Rule 7.2 (advertising; payment for recommendations); Washington RPC 7.2(c)
ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
ABA Model Rule 1.7 (conflicts of interest); Washington RPC 1.7(b)
ABA Model Rule 8.4 (misconduct); Washington RPC 8.4(c)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=1122

Original opinion text

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

Advisory Opinion: 1675
Year Issued: 1996
RPC(s): RPC 1.7(b); 7.1; 7.2(c); 7.3(a); 8.4(c)
Subject: Solicitation; referrals from real estate broker

The Committee reviewed your inquiry regarding the ethical implications of being available for a real estate broker's referrals. You would not actively solicit clients through the broker; rather you would simply be available for referrals without giving anything of value to the broker in exchange for the referrals. The Committee concluded that on the facts presented, these referrals would not violate RPC 7.3(a) and RPC 7.2(c). The official commentary to ABA Model Rule 7.2 ( c ) states in part that: "This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services." Serious questions would be presented, if, for example, a lawyer were to pay for referrals, offer discounts in legal fees or offer anything of value to clients referred by the broker which would increase the value of the broker's business, make misrepresentations in order to obtain clients, or perhaps to learn that the broker is making unduly flattering misrepresentations about the lawyer. No such facts are presented here. Cf. RPC 1.7(b), 7.1, 8.4(c).

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