Opinion 1675

The Committee reviewed your inquiry regarding the ethical implications of being available for a real estate broker's referrals. You would not actively solicit clients through the broker; rather you would simply be available for referrals without giving anything of value to the broker in exchange for the referrals. The Committee concluded that on the facts presented, these referrals would not violate RPC 7.3(a) and RPC 7.2(c). The official commentary to ABA Model Rule 7.2 ( c ) states in part that: "This restriction does not prevent an organization or person other than the lawyer from advertising or recommending the lawyer's services." Serious questions would be presented, if, for example, a lawyer were to pay for referrals, offer discounts in legal fees or offer anything of value to clients referred by the broker which would increase the value of the broker's business, make misrepresentations in order to obtain clients, or perhaps to learn that the broker is making unduly flattering misrepresentations about the lawyer. No such facts are presented here. Cf. RPC 1.7(b), 7.1, 8.4(c).

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.