Can a lawyer join a paid professional networking group that requires members to make a set number of referrals each month to keep their membership?

Plain-English summary

The inquirer was following up on Informal Opinion 1975, which had concluded that it violates RPC 7.1, 7.2, and 7.3 for a lawyer to participate in a commercial enterprise that networks various professionals and services and requires referrals between members of the network as a condition of continued membership. The inquirer stated that the organization had changed its requirements so that making referrals was no longer a necessary condition of membership.

Members of the committee visited the organization's website and reported that it offered reasons for joining and included a statement that, to maintain membership, two referrals are required each month. Based on that, the committee found no basis for altering Informal Opinion 1975, which it said adequately expresses its analysis of the applicable Rules of Professional Conduct to participation in the network organization as the organization itself describes its program.

Currency note

This opinion was issued in 2003, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct, which revised the advertising and solicitation rules (RPC 7.1, 7.2, and 7.3). 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 Treat this page as historical context, not current guidance.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.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee continued to treat participation in a commercial networking organization that conditions membership on making referrals as a violation of RPC 7.1, 7.2, and 7.3, following Informal Opinion 1975. Per the opinion, the committee's conclusion turned on the organization's own program as described on its website, which still required two referrals per month to maintain membership, so a stated change in the rules did not alter the analysis.

Common questions

Q: Can a lawyer join a networking group that requires members to refer business to each other?

A: The committee, following Informal Opinion 1975, treated participation in a commercial network that requires referrals among members as a condition of continued membership as a violation of RPC 7.1, 7.2, and 7.3.

Q: The group said it dropped the referral requirement. Did that change the answer?

A: No. Committee members visited the organization's website and found it still stated that two referrals per month are required to maintain membership, so the committee found no basis to alter Informal Opinion 1975.

Background and rules framework

The opinion applies Washington's advertising and solicitation rules: RPC 7.1 (false or misleading communications), RPC 7.2 (advertising, including the limits on giving something of value for recommending the lawyer's services), and RPC 7.3 (direct contact with prospective clients), corresponding to the same-numbered Model Rules. The committee treated the prior Informal Opinion 1975 as controlling its analysis of a referral-conditioned networking organization, and tied its conclusion to the organization's program as described on its own website.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.2 / Washington RPC 7.2 (advertising; something of value for recommendations)
• Model Rule 7.3 / Washington RPC 7.3 (direct contact with prospective clients)
• Model Rule 7.1 / Washington RPC 7.1 (false or misleading communications about a lawyer's services)

Other opinions cited:

• WSBA Informal Opinion 1975 (participation in a referral-conditioned networking organization violates RPC 7.1, 7.2, and 7.3)

See also

• WSBA Ethics Op. 1975: Business Referral Groups
• WSBA Ethics Op. 1071: Paid Lawyer Referral Service
• WSBA Ethics Op. 1246: Group Marketing Programs

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1261

Original opinion text

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

Advisory Opinion: 2015
Year Issued: 2003
RPC(s): RPC 7.1, 7.2, 7.3, IO 1975
Subject: professional networking group, referrals

The inquirer was following up on Informal Opinion 1975 which opined that it is a violation of RPC 7.1, 7.2, and 7.3 for a lawyer to participate in a commercial enterprise that networks various professionals and services requiring referrals between members of the network as a condition of continued membership in the network. The inquirer stated that the organization had changed its requirements so that making referrals was not a necessary condition of membership.

Members of the committee visited the organization’s Web site and reported that the site offers reasons for joining the organization and included a statement that to maintain membership in the organization two referrals are required each month. Consequently, the committee opined that it has considered the inquiry and finds no basis for altering Informal Opinion 1975 which adequately expresses the committee’s analysis of the applicable Rules of Professional Conduct to participate in the network organization as the organization itself describes its program.