Can a lawyer let a chiropractor offer patients a fee waiver if they hire that lawyer for their injury claim?

Plain-English summary

A chiropractor wrote to an injured patient who had a potential tort claim, offering to defer collection of treatment charges until the claim was resolved, and to waive the charges entirely if the claim were lost, provided the patient retained a specified lawyer for the claim. The question was whether the recommended lawyer violated the Rules of Professional Conduct.

The opinion assumed the lawyer knew the letter was being sent and knew its contents, reasoning that the chiropractor would not make such an offer without the lawyer's knowledge (and noting that a lawyer with no knowledge could not be liable, and the chiropractor is not subject to the disciplinary commission). It applied Rule 7.3, which bars a lawyer from soliciting professional employment through a representative when a significant motive is the lawyer's pecuniary gain, and Rule 8.4, which bars inducing or assisting another's conduct the lawyer knows will violate the Rules.

The opinion concluded that if the lawyer knows of the practitioner's letter and allows it to continue, the lawyer violates those Rules, because the conduct amounts to solicitation of legal business by an agent. It distinguished legitimate conduct: a provider may properly defer or waive its own fees, and a lawyer may properly ask a provider for such forbearance. The line is crossed only where the forbearance is offered to secure a client for the lawyer and the lawyer acquiesces after learning of it.

Currency note

This opinion was issued in 1996, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in January 2010 as generally consistent with the 2010 Rules (referring to Rule 7.3), while noting the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a chiropractor steer patients to a particular lawyer by offering a fee break?

A: The opinion concluded that if the lawyer knows of and acquiesces in such an offer, the lawyer violates Rules 7.3 and 8.4, because it is solicitation of clients through an agent.

Q: Is it ever proper for a provider to defer or waive fees pending a claim?

A: Yes. The opinion concluded there is nothing improper in a provider deferring collection until a claim resolves, or waiving fees if the claim is lost, and nothing improper in a lawyer asking a provider for that forbearance.

Q: What if the lawyer truly did not know about the provider's offer?

A: The opinion concluded that a lawyer with no knowledge of the offer could not be liable for the conduct, since the violation turns on the lawyer's knowledge and acquiescence.

Background and rules framework

The opinion interpreted Rule 7.3 (solicitation of professional employment, including through a representative; Model Rule 7.3) and Rule 8.4 (inducing or assisting another's violation of the Rules; Model Rule 8.4).

Citations and references

Rules of Professional Conduct:

• Model Rule 7.3 (solicitation of clients) / Illinois Rule 7.3
• Model Rule 8.4 (misconduct) / Illinois Rule 8.4

See also

• ISBA Ethics Op. 97-02: In-Person Solicitation by a Lawyer's Employee
• ABA Formal Op. 474: Referral Fees and Conflicts of Interest
• CA COPRAC Op. 1981-060: Participating in a Referral Service

Source

• Landing page: https://www.isba.org/ethics/opinions/9602