970218 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 970218

Rules: 10.1; 7.2(c)

Lawyer Referral and Information Services

Reference Notes:

Reference Note: In 1997, Rule 4 dash–10.1 addressed lawyer referral services. On March 1, 2007, effective July 1, 2007, the Missouri Supreme Court repealed Rule 4- 10.1 and replaced it with Rule 4 dash–9.1. The reader should review the current requirements of Rule 4 dash–9.1 along with the Court’s opinion in In re Agron, 701 S.W.3d 623 (Mo. banc 2024), in connection with this opinion.

QUESTION: Attorney´s firm has contracted with a company to carry out a “cooperative marketing and advertising program´. An 800 number would be advertised and the company would then refer callers to one of the participating attorneys. Would participation in this program be a violation of Rule 4 dash–7.2(c)?

ANSWER: The company about which Attorney has inquired is registered as a Lawyer Referral Service under Rule 4 dash–10.1, which became effective January 1, 1996. Therefore, Attorney´s participation would not violate Rule 4 dash–7.2(c).

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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