Informal Opinion Number: 950155
Rules: 7.2(c);5.4(a)
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QUESTION: Attorney asks about participating in a credit card program which refers customers to member merchants. The member merchant pays a fee of twenty percent for participation. ANSWER: Based upon the information provided, Attorney would violate Rules 4 dash–5.4(a) and 4 dash–7.2(c), as a participating merchant in the program. Rule 4 dash–5.4(a) prohibits fee splitting with a non-lawyer and Rule 4 dash–7.2(c) prohibits an attorney from giving anything of value in exchange for a referral.
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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