Advisory Opinion: 1565

Year Issued: 1994

RPC(s): RPC 7.3; 5.4

Subject: Third person solicitation; lawyer retained by debt collection company to represent its clients

The Committee reviewed and discussed your request for clarification of the solicitation rule. The Committee was of the opinion that the arrangement you described in which you are retained by a monthly billing and accounts receivable service, to send letters to the debtors of [the debt collection company's] clients is in violation of RPC 7.3(a) which prohibits solicitation of clients through a third person. [The lawyer acts as the lawyer for the debt collection company's clients, and the clients are billed by the company.] The Committee was of the opinion that this arrangement may violate other ethical rules as well, including but not limited to RPC 5.4, prohibiting fee sharing with non-lawyers.

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.