960134 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 960134

Rules: 7.2(c);10.1

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QUESTION: Attorney is considering participating in an advertising program which involves advertisements run by a separate company. When calls come in regarding a particular area of practice, the operator calls one of the participating attorneys on a rotation basis. The attorney initiates all contact with the prospective client. The attorneys pay a flat fee per month for participating in the program regardless of the number of calls received by the lawyer or the number of cases accepted. Will Attorney violate the rules by participating in this program? ANSWER: This program is a lawyer referral service. Under Rule 4 dash–7.2(c)(3), Attorney may participate in a lawyer referral service if it is a qualified service registered 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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