20000189 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000189

Rules: 4–7.2; 4–10.1

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Subject: Advertising and Solicitation; Lawyer Referral and Information Services

Summary: using referral service for consumer collection cases

Reference Note: Effective July 1, 2007, Rule 4 dash–10.1 was repealed and Rule 4 dash–9.1 was amended.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

QUESTION: Attorney´s firm is interested in joining a network that facilitates electronic forwarding of consumer collection cases between member law firms across the United States. Attorney has some concerns about how the network funds its operation. The network charges three percent of net collections billed monthly to each firm. Attorney has some concern about splitting fees with non-attorneys. Is this fee agreement permissible and may attorneys licensed to practice in Missouri participate in such an agreement?

ANSWER: Based on the information Attorney has provided, it appears that the network is a lawyer referral service. Under Rule 4 dash–7.2(c), Attorney may not give anything of value in exchange for a referral unless the lawyer referral service is registered with this office under Rule 4 dash–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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