Opinion 1970

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.

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.