May a lawyer pay a monthly fee to join a rotating call referral program?

Plain-English summary

A separate company advertised practice areas, then called participating lawyers in rotation when prospective clients contacted it. Lawyers paid a flat monthly amount independent of calls or matters accepted.

The opinion classifies the arrangement as a lawyer referral service. Rule 4-7.2(c)(3) permits the lawyer to participate if the service is qualified and registered under Rule 4-10.1.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: Does the flat monthly fee change how the program is classified?

A: The opinion still calls this a lawyer referral service.

Q: When may the lawyer join?

A: Only if it is a qualified referral service registered under Rule 4-10.1.

Background and rules framework

The opinion classifies the arrangement as a lawyer referral service. Rule 4-7.2(c)(3) permits the lawyer to participate if the service is qualified and registered under Rule 4-10.1.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.2(c)(3)
• Missouri Rule 4-10.1

See also

• Missouri Informal Op. 960126: Referral Organization Contribution

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/960134/

Original opinion text

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

QUESTION: Attorney is considering participating in an advertising program which involves advertisements run by a separate company. When calls come in regarding a particular area of practice, the operator calls one of the participating attorneys on a rotation basis. The attorney initiates all contact with the prospective client. The attorneys pay a flat fee per month for participating in the program regardless of the number of calls received by the lawyer or the number of cases accepted. Will Attorney violate the rules by participating in this program? ANSWER: This program is a lawyer referral service. Under Rule 4–7.2(c)(3), Attorney may participate in a lawyer referral service if it is a qualified service registered under Rule 4–10.1.