Opinion 1399

The Committee reviewed your inquiry concerning the proposal from a financial services firm regarding a referral fee to lawyers of 1% of the gross amount for loans to clients referred to that firm. The Committee was of the opinion that such a kickback for referrals violates the provisions of RPC 1.8(f)(2) because it interferes with the independent judgment of the lawyer. They also noted that such an arrangement creates a conflict between the lawyer and client. After discussion, the Committee did not believe that this was a matter that required publication at this time because it does not appear to be a widespread problem. Thank you for calling this to the Committee's attention.

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.