Informal Opinion Number: 960035
QUESTION: Attorney would like to participate in an advertising program in which a service accepts calls to a toll-free number advertised on television. The calls are screened as to type of practice to ensure that the call matches an area of law and geographic area listed with the service by a participating law firm. The operator has a very brief statement of the attorney’s background available and may describe the attorney or firm qualifications to the prospective client. The operator then transfers the call to the law office, remaining on line until it is accepted, then hangs up. The telephone interview is performed exclusively by the law office and the advertising service plays no part in the attorney’s decision regarding whether to accept the client. A flat monthly fee is charged for the service. The advertising service guarantees that a minimum number of calls will be forwarded. May Attorney participate? ANSWER: The program in which Attorney proposes participating is a lawyer referral service. Under Rule 4-7.2(c)(3), Attorney may participate in a lawyer referral service only if it is a qualified service registered under Rule 10.1. Rule 10.1 and the current version of Rule 7.2 became effective on January 1, 1996.
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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