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WSBA 2001

May a Washington lawyer join a for-profit website that lists lawyers offering fixed-fee or reduced-rate services?

Short answer: Yes. The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from joining a for-profit Internet site giving users access to lawyers willing to work for fixed fees or lower hourly rates, because the arrangement does not entail fee sharing with a nonlawyer or indirect payment of a referral fee.

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This page answers the general question as of 2001. 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 2001
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 Not binding precedent.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 inquiry concerned a for-profit Internet entity that operated a website giving users access to lawyers willing to provide legal services for fixed fees or lower hourly rates, and the agreement that entity required participating lawyers to sign.

The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from entering into such an agreement. It reasoned that the agreement does not entail fee sharing with a nonlawyer and does not amount to indirect payment of a referral fee to a for-profit referral service.

Currency note

This opinion was issued in 2001, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct, and Washington's lawyer-advertising rules (the RPC 7-series) have been revised since. 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 Treat this page as historical context, not current guidance.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 Washington lawyer join a for-profit website that lists lawyers offering fixed-fee or lower-rate services?

A: The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from entering into the agreement such an entity required.

Q: Is joining that kind of website fee sharing with a nonlawyer?

A: The committee said the agreement does not entail fee sharing with a nonlawyer.

Q: Is paying to be listed an indirect referral fee to a for-profit referral service?

A: The committee concluded the arrangement does not amount to indirect payment of a referral fee to a for-profit referral service.

Background and rules framework

The opinion applies Washington RPC 5.4(a) (professional independence; sharing legal fees with a nonlawyer; corresponding to Model Rule 5.4) and RPC 7.2(a) (advertising, including the limits on paying others to recommend a lawyer's services; corresponding to Model Rule 7.2). The committee concluded that the participation agreement crossed neither line. The opinion reflects Washington's pre-2006 numbering of these rules.

Citations and references

Rules of Professional Conduct:

  • Model Rule 5.4 / Washington RPC 5.4(a) (professional independence; sharing fees with a nonlawyer)
  • Model Rule 7.2 / Washington RPC 7.2(a) (advertising; paying others to recommend a lawyer's services)

See also

Source

Original opinion text

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

Advisory Opinion: 1947
Year Issued: 2001
RPC(s): RPC 5.4(a); 7.2(a)
Subject: Lawyer's participation with a for-profit Internet entity that provides users access to list of lawyers willing to provide services for fixed fees or lower rates.

The RPC Committee believes that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from entering into an agreement, such as that required by the for profit Internet entity that operates a Web site providing users of the site access to lawyers who are willing to provide legal services for fixed fees or lower hourly rates. Such an agreement does not entail fee sharing with a nonlawyer, and/or indirect payment of a referral fee to a for profit referral service.

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