Can a lawyer set up a booth at a street fair offering to answer legal questions or give referrals?

Plain-English summary

The inquiry concerned whether a lawyer could set up a booth at a street fair with a sign reading "legal questions answered or referrals given," stocked with written materials the lawyer prepared on areas such as defendant's rights, landlord-tenant, family law, and estate law, along with a list of referrals to general referral organizations.

The committee concluded that RPC 7.3 does not prohibit a lawyer from setting up a booth at a public event. It noted that it had previously answered the question in Informal Opinion #914 (a county-fair booth) and that the answer was in line with the commentaries on RPC 7.3. The committee explained that the rule is designed to prohibit solicitation of prospective clients outside a previously established professional or personal relationship, and that opening a booth is not direct solicitation because, as with opening an office, the lawyer waits for the client to approach.

The committee added that several issues needed to be recognized to avoid other potential violations, referring the inquiring lawyer to RPC 1.1, 1.2(a), 1.5(a), (c) and (e), 1.6, and 1.7, all of which it said may be more difficult to follow in the open setting of a public booth.

Currency note

This opinion was issued in 2002, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct, and Washington's solicitation and advertising rules (the RPC 7-series) have been revised since. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

In practice

Under the Washington rule as it stood at the time of the opinion, operating a booth at a public event was treated as outside RPC 7.3's bar on direct solicitation, because the lawyer waited to be approached rather than initiating contact. The opinion held only that the booth itself was permissible under RPC 7.3; it expressly flagged that competence (RPC 1.1), scope and client decisions (RPC 1.2(a)), fees (RPC 1.5), confidentiality (RPC 1.6), and conflicts (RPC 1.7) could be harder to satisfy in that setting, without resolving how those rules applied.

Common questions

Q: Does running a booth at a public event count as prohibited solicitation?

A: No. The committee concluded that opening a booth is not direct solicitation under RPC 7.3, because the lawyer waits for the client to approach, as with opening an office.

Q: What kind of contact does RPC 7.3 actually target?

A: The committee said the rule is designed to prohibit solicitation of prospective clients outside a previously established professional or personal relationship.

Q: Are there other rules to watch at a booth?

A: Yes. The committee referred the lawyer to RPC 1.1, 1.2(a), 1.5, 1.6, and 1.7, which it said may be more difficult to follow in the open setting of a public booth.

Background and rules framework

The opinion applies Washington RPC 7.3 (direct contact with prospective clients; corresponding to Model Rule 7.3), reading it not to bar a booth at a public event. It also points, as cautions, to RPC 1.1 (competence; Model Rule 1.1), RPC 1.2(a) (scope and client decisions; Model Rule 1.2), RPC 1.5 (fees; Model Rule 1.5), RPC 1.6 (confidentiality; Model Rule 1.6), and RPC 1.7 (conflicts; Model Rule 1.7). It relies on the prior Informal Opinion #914. The opinion reflects Washington's pre-2006 rule numbering.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 / Washington RPC 7.3 (direct contact with prospective clients)
• Model Rule 1.1 / Washington RPC 1.1 (competence)
• Model Rule 1.2 / Washington RPC 1.2(a) (scope of representation; client decisions)
• Model Rule 1.5 / Washington RPC 1.5(a), (c), (e) (fees)
• Model Rule 1.6 / Washington RPC 1.6 (confidentiality)
• Model Rule 1.7 / Washington RPC 1.7 (conflict of interest)

Other opinions cited:

• WSBA Informal Opinion #914: a lawyer's booth at a county fair

See also

• WSBA Ethics Op. 1962: Email Solicitation Permitted Like a Letter
• WSBA Ethics Op. 1780: Family-Law Seminar Advertisement to Prospective Litigants
• WSBA Ethics Op. 1218: Targeted Direct-Mail Solicitation Permitted

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1212

Original opinion text

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

Advisory Opinion: 1970
Year Issued: 2002
RPC(s): RPC 7.3
Subject: Advertising; Lawyer soliciting business by setting up a booth at a street fair

The inquiry concerns whether a lawyer may set up a booth at a street fair using a sign that reads “legal questions answered or referrals given”. There would be located at the booth written materials prepared by the lawyer covering such legal areas as defendant’s rights, landlord tenant, family law, estate law, etc. The lawyer intends to have a list of referrals to general referral organizations.

The committee opined that RPC 7.3 does not prohibit a lawyer from setting up a booth at a public event. The committee previously answered this question in Informal Opinion #914, where a lawyer sought to set up a booth at a county fair. The answer is also in line with the commentaries on 7.3. The rule is designed to prohibit solicitation by a lawyer to prospective clients outside of a previously established professional or personal relationship. Opening a booth is not direct solicitation, since – as with opening an office – the lawyer waits for the client to approach him/her. At the same time, there are several issues that need to be recognized to avoid other potential violations of Rules of Professional Conduct. In this regard, the committee refers the inquiring lawyer to RPC 1.1, 1.2(a), 1.5 (a), (c) & (e), 1.6 and 1.7, all of which may be more difficult to follow in the open setting of a public booth.