Informal Opinion Number: 20000130

Reference Note: Effective July 1, 2007, Rule 4-10.1 was repealed and Rule 4-9.1 was amended. This opinion is based on Rule 4-10.1 in effect prior to that date.

QUESTION: May lawyer referral services collect a percentage of fees generated on cases referred to an attorney from the service. This provision seems to directly conflict with Rule 4-1.5(e), which allows a division of fees in proportion to the services performed by each lawyer, or with written acceptance, both lawyers assume joint responsibility for the representation. The referral service does not perform any of the legal services nor do they assume joint responsibility. Is this fee split acceptable under the rules?
ANSWER: Under Rule 4-7.2(c), Attorney may pay the fees of a lawyer referral service registered under Rule 4-10.1.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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