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WSBA 1996

Can a lawyer join a group marketing program where members pay an annual fee for free or reduced-rate legal services?

Short answer: The committee was of the opinion that a lawyer participating in the 'Lawstar' program, under which members pay an annual fee for free or reduced-rate legal services, would be in violation of RPC 7.2(c), and directed the inquirer to ABA Opinion 87-355.

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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.

Currency note: this opinion is from 1996
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 committee reviewed a proposed agreement with "Lawstar," a program that gives its members, in return for an annual fee, specified reduced or free legal services. Lawyers do not pay to register with the program but must agree to provide the free or reduced-rate services. The committee was of the opinion that a lawyer participating in such a program would be in violation of RPC 7.2(c). The committee also directed that the inquirer be provided a copy of ABA Opinion 87-355.

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 Treat this page as historical context, not current guidance.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. Washington's RPC 7.2 corresponds to ABA Model Rule 7.2, and RPC 7.2(c) governs giving anything of value for recommending a lawyer's services.

Common questions

Q: Can a lawyer join a program that gives members free or reduced-rate legal services for an annual fee?

A: The committee was of the opinion that participating in the "Lawstar" program would put the lawyer in violation of RPC 7.2(c).

Q: Did it matter that lawyers paid no registration fee to the program?

A: The opinion notes that lawyers did not pay to register but had to agree to provide the free or reduced-rate services; the committee still concluded that participation would violate RPC 7.2(c).

Background and rules framework

The opinion applied RPC 7.2(c) (the restriction on giving anything of value for recommending a lawyer's services, corresponding to ABA Model Rule 7.2). The committee evaluated a subscription-style program in which members paid an annual fee for access to participating lawyers' free or reduced-rate services, found that a lawyer's participation would violate RPC 7.2(c), and pointed to ABA Opinion 87-355 for further guidance.

Citations and references

Rules of Professional Conduct:

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

Other opinions cited:

  • ABA Formal Opinion 87-355: lawyer participation in for-profit prepaid and group legal services plans

See also

Source

Original opinion text

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

Advisory Opinion: 1681
Year Issued: 1996
RPC(s): RPC 7.2(c); ABA Opinion 87-355
Subject: Solicitation; participation in group legal marketing program that gives subscribers free or reduced fee legal services

[The Lawstar program gives its members, in return for an annual fee, specified reduced or free legal services. Lawyers do not pay to register with the program, but must agree to provide the free or reduced rate legal services.] The Committee reviewed the proposed agreement with "Lawstar" and was of the opinion that a lawyer participating in such a program would be in violation of RPC 7.2(c), but also directed me to provide you with a copy of ABA opinion 87-355.

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