Advisory Opinion: 2050

Year Issued: 2004

RPC(s): RPC 7.1, 7.2, 7.3, Inf Op 1975

Subject: Lawyer participating in commercial networking organization

The inquirer asks the Committee to reconsider Informal Opinion 1975, which opined that it is a violation of RPC 7.2, and likely a violation of RPCs 7.1 and 7.3, to participate in a commercial networking organization that includes mandatory requirements for referrals. The inquirer seeks reconsideration on the basis that the particular organization has amended its policies specifically to provide that attorney members are directed to follow their own professional ethical standards.

The Committee concludes that Informal Opinion 1975 need not be reconsidered. The terms of the business organization membership, including the requirement that members provide either referrals or bring potential new members to meetings, violate RPC 7.2 because they constitute giving “something of value” in return for recommendation of the lawyer’s services. In addition, the limitation on chapter membership, along with the lack of controls outlined in Informal Opinion 1975, raise the potential for violations of RPCs 7.1 and 7.3.

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.