Informal Opinion Number: 980026

QUESTION: Attorney has been approached by a chiropractor with a business proposition that involves Attorney providing legal services for patients solicited by the chiropractor by an on-going direct mail solicitation program operated by the chiropractor. The letter sent does not suggest that the patient must retain Attorney as a condition of receiving treatment by the chiropractor, nor does it suggest that the patient must retain the chiropractor as a condition of retaining Attorney. No fee or kick-back would be paid to the chiropractor by Attorney, but the chiropractor does use a voluntary lien that also serves as an assignment of benefits form. Is this arrangement ethical?
ANSWER: The arrangement, including the lien, Attorney has described appears to involve a conflict of interest in violation of Rule 4-1.7(b). This arrangement would also be a problem because Attorney would not independently determine whether each solicitation letter is appropriate in light of Rule 4-7.3(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.

To request an Informal Opinion, please visit: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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