Opinion 1955

The inquirer seeks ethical guidance concerning the use of out-of-state Internet lawyer referral services that operate in a fashion similar to Martindale-Hubbell legal directory, which charges a monthly or yearly fee for a listing, but not on a per referral or per client basis.

RPC 7.2, which deals with advertising generally, does not contain rules specific to the Internet. Rather, the scope of RPC 7.2 is defined broadly enough to include all "public media". Therefore, Web based legal directories should fall under RPC 7.2 just as their print counterparts do. Further, because RPC 7.2(a) incorporates RPC 7.1 by reference, this provision should apply to Web based directories as well.

Under RPC 7.1, all communications concerning lawyer’s services for which the lawyer is responsible must be truthful and complete. Therefore, a lawyer is responsible for ensuring that all communications made in a Web based directory concerning the lawyer and the lawyer’s services are truthful and are otherwise in compliance with the RPCs just as with more traditional printed directories, including any material that may purport to "recommend" the lawyer or the lawyer’s services. However, the committee is of the opinion that recommendations such as identifying the lawyer as among the highest caliber should contain an appropriate disclaimer that reasonably allows the reader to understand that past performance does not guarantee future performance. See RPC 7.1(b). Furthermore, the basis upon which a lawyer is identified as being among the highest qualified must be reasonably verifiable. See RPC 7.1(c). The manner in which the Rules of Professional Conduct apply to Internet advertising and solicitation in multi-jurisdictions are currently being examined by the ABA and various states, including Washington. Changes may occur in the future.

Finally, the committee cautions the inquirer that this analysis applies only to the Washington State Rules of Professional Conduct and the interpretation of those rules.

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.