May a Missouri lawyer pay an online marketing company per lead when the company matches particular prospective clients with particular lawyers?

Plain-English summary

The marketing company used internet advertisements to collect prospective clients' contact information and legal needs, forwarded a particular person's information to a participating lawyer, and showed that person the lawyer's profile. If the person wanted to retain the lawyer, a website link enabled direct contact. The company charged the lawyer a fixed amount for each referral but described the charge as advertising fees.

The opinion applies Rule 4-9.1 to every service that refers particular prospective clients to particular lawyers, regardless of how the service characterizes either its activity or its charge. A participating lawyer violates Rule 4-9.1(b) if the referral service does not comply with the rule.

A qualified service must register with the Office of Chief Disciplinary Counsel and demonstrate compliance with Rule 4-9.1 before operating. Rule 4-7.2(c) permits payment of the referral fee only to such a registered qualified service. If the company lacks that status, using it violates both Rules 4-7.2(c) and 4-9.1(b).

In practice

Under this opinion, the functional matching of a particular prospective client with a particular lawyer controls, not the vendor's description of itself as an advertiser. The lawyer's ability to use and pay the service turns on its registration and qualified-service status under Rule 4-9.1.

Common questions

Q: Does calling the payment an advertising fee avoid Rule 4-9.1?

A: No. The opinion applies Rule 4-9.1 regardless of the name or characterization used for the service's activities or fees.

Q: What makes the described platform a referral service?

A: It collects a prospective client's information and legal needs, sends that person to a particular participating lawyer, and displays that lawyer's profile.

Q: What is a qualified service?

A: A service that conforms to Rule 4-9.1, registers with the Office of Chief Disciplinary Counsel, and demonstrates compliance before beginning operations.

Q: When may the lawyer pay the referral charge?

A: Rule 4-7.2(c) permits the payment only when the service is a registered qualified service.

Background and rules framework

Rule 4-9.1 governs lawyer referral and information services, with paragraphs (b) and (d) applying qualified-service requirements to the arrangement. Rule 4-7.2(c) governs the lawyer's payment of referral fees and limits payment to a qualified service.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-9.1, including Rules 4-9.1(b) and (d) (lawyer referral and information services)
• Missouri Rule 4-7.2(c) (payments for referrals)

Cases:

• In re Agron, 701 S.W.3d 623, 629 (Mo. banc 2024), qualified-service and registration requirements

See also

• Georgia Formal Advisory Op. 94-1: Referral-Service Percentage Fees
• Nebraska Ethics Op. 89-3: For-Profit Referral Program Fees
• Washington Op. 201401: Online Lead-Generation Services

Source

• Landing page: Missouri Informal Opinion 2025-05

Original opinion text

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

Question: Lawyer asks whether it is permissible to pay an online marketing company for client lead generation services. The marketing company attracts potential legal clients through internet advertisements. The marketing company then obtains contact information for potential clients along with information regarding the potential clients’ legal needs. The company forwards a potential client’s information to an attorney participating in the referral service and shows the potential client a profile of that attorney. If the potential client wishes to hire the attorney, the potential client can contact the attorney directly by clicking on a link on the marketing company’s website. The marketing company charges the attorney a particular dollar amount for the referral, but characterizes the charge as advertising fees.

Answer: Lawyer’s use of the lead generation service described above is permissible only if the service complies with Rule 4–9.1- Lawyer Referral and Information Services. Rule 4–9.1 is applicable to all services that refer particular potential clients to particular lawyers, regardless of the name or characterization of the activities or fees used by the service. See Rules 4–9.1(d) and 4–7.2(c). A lawyer’s use of a referral service that fails to comply with Rule 4–9.1, violates Rule 4–9.1(b). Any lawyer referral service used by a lawyer must be a “qualified service” in that it must conform to the requirements of Rule 4–9.1. In re Agron, 701 S.W.3d 623, 629 (Mo. banc 2024); See also Rule 4–9.1(b). This requires the service to register with the Office of Chief Disciplinary Counsel (“OCDC”) and “demonstrate [to the OCDC] its compliance with the other requirements of Rule 4–9.1 before commencing to operate.” Id. Rule 4–7.2(c), which addresses referral fees, only permits Lawyer to pay the fee if the service is a “qualified service” registered with OCDC. If the marketing company is not a “qualified service” registered with OCDC, Lawyer’s use of the service violates both Rules 4–7.2(c) and 4–9.1(b). Before using the lead generation service described above, Lawyer should contact OCDC and ascertain whether the marketing company is a “qualified service” registered with OCDC pursuant to Rule 4–9.1.