Can a lawyer advertise legal services in a folder an auto repair shop hands customers with their estimate or bill?

Plain-English summary

The inquiry concerned placing an ad in a folder distributed by an automobile repair shop, where the folder would also include repair estimates and billings for completed repair work. The committee concluded that the Rules of Professional Conduct do not prohibit advertising legal services in a brochure or folder placed in conjunction with an automobile repair bid or bill directed to a customer of the repair shop, provided that the advertisement otherwise complies with RPC 7.1, 7.2, and 7.3, and that compensation to the repair shop does not exceed the reasonable cost of the advertisement.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 cited rules correspond to ABA Model Rules 7.1 (communications about a lawyer's services), 7.2 (advertising and payment for it), and 7.3 (solicitation).

Common questions

Q: Can a lawyer advertise in an auto repair shop's customer folder?

A: The committee concluded the rules do not prohibit it, provided the ad complies with RPC 7.1, 7.2, and 7.3.

Q: How much can the lawyer pay the repair shop?

A: The committee said compensation to the repair shop must not exceed the reasonable cost of the advertisement.

Background and rules framework

The opinion applied RPC 7.1 (communications concerning a lawyer's services), 7.2 (advertising, including the limit on paying others to recommend or carry a lawyer's advertising), and 7.3 (solicitation), corresponding to the like-numbered ABA Model Rules, to an ad distributed through an auto repair shop's billing folder. The committee allowed the placement subject to ordinary advertising compliance and a cap tying the shop's compensation to the reasonable cost of the advertisement.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
• ABA Model Rule 7.2 (advertising); Washington RPC 7.2
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3

See also

• WA Ethics Op. 1728: Advertising as a Specialist
• WA Ethics Op. 1730: Preferred-Provider Fee Sharing
• WA Ethics Op. 1761: Sharing Office Space With Nonlawyers

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=826

Original opinion text

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

Advisory Opinion: 1762
Year Issued: 1997
RPC(s): RPC 7.1; 7.2; 7.3
Subject: Advertisement; solicitation; advertisement distributed by repair shop with estimate or bill

[The inquiry concerned] placing an ad in a folder to be distributed by an automobile repair shop. The folder would also include estimates of repair and the billings for completed automobile repair work.

The Committee was of the opinion that the Rules of Professional Conduct do not prohibit the advertisement of legal services in a brochure or folder placed in conjunction with an automobile repair bid or bill directed to a customer of a repair shop, provided that the advertisement otherwise complies with RPC 7.1, 7.2 and 7.3 and that compensation to the automobile repair shop not exceed the reasonable cost of the advertisement.