Could a lawyer and planner refer clients to each other without fees, and distribute cards and pens through Welcome Wagon?

Plain-English summary

A lawyer asked about mutual recommendations with a financial planner without any fee exchange, and about distributing business cards and imprinted pens in Welcome Wagon baskets.

The opinion rejected exclusive reciprocal recommendations as giving value for referrals and as personal solicitation under Rules 4-7.2(c) and 4-7.3(b). It found no violation if each person merely expressed willingness to accept referrals without obligation. It also approved general distribution of cards and pens through the baskets.

Currency note

This 1994 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 absence of a referral fee make exclusivity acceptable?

A: No. The opinion treated exclusive reciprocal recommendations as something of value exchanged for referrals.

Q: What referral arrangement did it allow?

A: Each person could express a willingness to accept referrals with no obligation on either side.

Q: Could the lawyer use Welcome Wagon baskets?

A: Yes, for general distribution of cards and imprinted pens.

Background and rules framework

The opinion applied Rules 4-7.2(c) and 4-7.3(b) to reciprocal lawyer-planner referrals and separately addressed general promotional materials.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.2(c)
• Missouri Rule 4-7.3(b)

See also

• Missouri Informal Op. 940109: Nonlaw business referrals
• Missouri Informal Op. 940204: Planner referral and client contact

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940024/

Original opinion text

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

QUESTION: Question 1. May Attorney and a financial planner have an agreement that they will recommend each other if no exchange of fees is involved? Question 2. May Attorney generally distribute cards and imprinted pens through Welcome Wagon baskets? ANSWER: Question 1. Not if Attorney and financial planner agree to recommend each other exclusively. This kind of exclusive arrangement would involve giving something of value in exchange for referrals in violation of Rule 4–7.2(c). It would also involve personal solicitation in violation of Rule 4–7.3(b). However, if each merely expresses a willingness to accept referrals without any obligation on the part of either person, no violation would occur. Question 2. Yes.