Opinion 1238

The Committee reviewed your inquiry concerning participation by a lawyer in an advertising program by [a company that provides information to callers on job listings and other employment issues]. The [Committee] understands that the lawyer will pay for the costs of production of an audio tape to be used by that company, and that consumers seeking specific kinds of information can select the audio tape of choice by using a touch-tone telephone. The customer pays [a set flat fee] to the company for a one-half hour access to the line. All the money is paid to the company and none of it is paid to the lawyer. The lawyer pays nothing to the company for any clients developed as a result of a consumer using the company's services. The Committee is of the opinion that since the lawyer pays nothing except for the actual production costs of the tape, that nothing in the Rules of Professional Conduct would prohibit participation in such a program, so long as the information contained on the tape was not false, deceptive or misleading.

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.