Could a lawyer pay a qualified bar referral service ten percent under the rule discussed in this 2004 opinion?

Plain-English summary

The lawyer asked whether the KCMBA lawyer referral service’s proposed ten-percent fee was reasonable under Rule 4-10.1(e).

The opinion says it was reasonable and permits participation and payment. An official reference note says Rule 4-10.1 was repealed and Rule 4-9.1 amended effective July 1, 2007; this opinion rests on the earlier rule.

Currency note

The official source notes that Rule 4-10.1 was repealed and Rule 4-9.1 amended effective July 1, 2007. This opinion applies the former Rule 4-10.1.

In practice

The opinion’s approval concerns the ten-percent fee under Rule 4-10.1(e) as it existed before July 1, 2007.

Common questions

Q: Did the opinion approve the ten-percent fee?

A: Yes. It calls the fee reasonable under former Rule 4-10.1(e).

Q: Does the official source flag a later rule change?

A: Yes. It says Rule 4-10.1 was repealed and Rule 4-9.1 amended effective July 1, 2007.

Background and rules framework

The opinion applies former Rule 4-10.1(e). Its official reference note identifies the later repeal and amendment.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-10.1

See also

• Missouri Informal Op. 2015-04: Referral Fee and Services

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20040033/

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Reference Note: Effective July 1, 2007, Rule 4–10.1 was repealed and Rule 4–9.1 was amended. This opinion is based on Rule 4–10.1 in effect prior to that date.

QUESTION: Attorney has applied to the KCMBA lawyer referral service. Is the proposed ten percent (10%) fee agreement reasonable under Rule 4–10.1(e)?

ANSWER: The ten percent (10%) fee is considered reasonable under Rule 4–10.1(e). Attorney may participate in such a program and pay the fees without violating the Rules of Professional Conduct.