Advisory Opinion:
2123
Year Issued:
2006
RPC(s):
RPCs 7.1, 7.2 & 7.3
Subject:
Attorney’s participation in 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 in the following respects:
1. attorney members are specifically excluded from any requirement to provide business referrals to other members;
2. the organization conspicuously posts appropriate guidance regarding the types of representations of a lawyer’s services that could be considered misleading and cautions members to avoid making any unsubstantiated claims about any attorney member;
3. the organization conspicuously posts appropriate guidance to the effect that a prospective client referred by a member must affirmatively contact the attorney before any further communication can occur;
4. the organization conspicuously posts appropriate guidance to the effect that it is inappropriate for a member to recommend to a person that he or she should consult with a member attorney before that person has indicated a need or desire for legal services, because the member may be deemed to be acting as the attorney’s agent in soliciting the prospective client; and
5. each member signs a written document acknowledging the above rules and guidelines and agreeing to abide by them.
Further, the Committee also understands that the organization does not require members to bring potential new members to meetings.
On the facts stated therein, Informal Opinion 1975 remains unchanged. Assuming, however, the accuracy of the facts recited above and assuming that the organization implements and enforces the above rules and policies, the Committee would be of the view that membership in this organization, or in any other networking organization that adopts similar rules and policies, would not itself violate RPC 7.2, which prohibits a lawyer from giving anything of value for a referral. Because the Committee believes, however, that the organization’s mission, marketing messages and history are likely to continue pose risks of RPC violations, attorneys are cautioned that they must be vigilant to ensure that, based on the particular facts and circumstances, their involvement with such an organization remains consistent with all applicable RPCs, particularly RPCs 7.1, 7.2, 7.3 and 7.4.
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