Advisory Opinion: 1621

Year Issued: 1995

RPC(s): RPC 1.15; 3.7; 7.3

Subject: In-person solicitation; lawyer initially offers services without charge, then requests retainer

The Committee discussed your inquiry regarding the ethical propriety of a lawyer offering his or her services [in person] for free initially, but the very next day asking the client for a retainer for continued representation.

The Committee was of the opinion that, depending on the specific circumstances, this conduct may be permissible under the Rules of Professional Conduct. However, the conduct would be prohibited by RPC 7.3(a) if the lawyer's conduct is motivated by pecuniary gain. In addition, depending on the circumstances, client representation may be prohibited by RPC 3.7. The lawyer's subsequent termination of representation may be prohibited by RPC 1.15. The lawyer is cautioned that a fee arrangement cannot be changed midstream.

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.