Informal Opinion Number: 970190

Rules: 7.2(c)
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QUESTION: Attorney has been approached by a private investigation group. The group has asked Attorney if Attorney would like Attorney´s name added to a list that the group provides to their clients. If the client chooses an attorney from the list provided by the group, the selected attorney agrees to pay the group an hourly rate for the work the group has done on the case to date and any additional work the group conducts on behalf of attorney. May Attorney pay the hourly rate charged by an independent private investigator? ANSWER: The arrangement Attorney has described would violate Rule 4 dash–7.2(c) which prohibits an attorney from giving something of value to another in exchange for a recommendation of the attorney´s services. It may also violate other rules, but more detail about the arrangement would be needed to make that determination.

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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