Could a lawyer pay a marketing firm a monthly fee plus an amount for each inquiry call?

Short answer The opinion found no violation where the per-call fee applied regardless of whether legal business resulted, provided there was no direct personal or telephone solicitation.

Bar

MOLEC

Issued

1993

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer proposed paying a marketing firm a fixed monthly fee and an additional amount for each call received from its marketing. The fee applied whether or not the caller became a legal client; the marketing would be general and aimed at a particular occupation.

The opinion said the arrangement would not violate the Rules of Professional Conduct so long as it did not involve direct personal or telephone solicitation.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did the per-call fee require a resulting legal engagement?

A: No. The question stated that it would be paid even if no legal business resulted.

Q: What limit did the opinion state?

A: No direct personal or telephone solicitation.

Background and rules framework

The opinion addressed payment terms for a marketing firm and the proposed methods of contacting prospects. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/930165/

Original opinion text

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

QUESTION: Attorney would hire a marketing firm to market the attorney´s services, generally, and specifically directed to a certain occupation. The marketing firm would be paid a set fee per month and would be paid an additional per call fee on calls received each month related to the marketing efforts. The per call fee would be paid regardless of whether Attorney receives any legal business from the call. ANSWER: This proposal would not violate the Rules of Professional Conduct as long as there is no direct personal or telephone solicitation.

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