A former client referred someone to me without expecting anything in return, and the new matter turned out very successful. Can I send my former client a thank-you gift worth under $100?

Plain-English summary

An attorney asked the panel about the propriety of giving a gift to a former client. The former client had given the attorney's name to an acquaintance and suggested the acquaintance call the attorney. That individual did call the firm, and the firm's representation of the new client was very successful, resulting in recovery of a substantial sum of money. The attorney wanted to acknowledge his appreciation to the former client with a gift costing less than $100. He explained that the former client had made the referral without any expectation of recompense, was unlikely to come into contact with other potential clients, and that he had made no promises or agreements to give the former client further gifts in exchange for any referral.

The panel quoted Rule 7.2(c), which provides that a lawyer shall not give anything of value to a person for recommending the lawyer's services. Applying that clear prohibition, the panel held that the attorney could not properly give his former client a gift under the circumstances described.

Currency note

This opinion was issued in May 1989, shortly after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988, and it applies Rule 7.2(c) as originally adopted. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, and many jurisdictions have since added de minimis or reciprocal-referral exceptions to their version of this rule. Treat this page as historical context, not current guidance. Verify against the current text of Rule 7.2 before relying on anything stated here.

Common questions

Q: A former client sent me a great referral out of the blue. Can I send a small thank-you gift?

A: Not according to this opinion. The panel held that Rule 7.2(c)'s bar on giving anything of value for recommending a lawyer's services applies even to a modest, unsolicited-referral thank-you gift under $100.

Q: Does it matter that the former client didn't expect anything and there was no prior agreement about gifts?

A: No. The opinion's holding did not turn on the absence of an expectation or agreement; the panel applied Rule 7.2(c)'s prohibition regardless of those facts.

Background and rules framework

The opinion applies Rule 7.2(c) of the Rhode Island Rules of Professional Conduct, as adopted effective November 15, 1988, which bars a lawyer from giving anything of value to a person for recommending the lawyer's services, to a proposed thank-you gift to a former client following a successful, unsolicited referral.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (advertising)
• RI RPC 7.2(c) (bar on giving anything of value for recommending a lawyer's services)

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

No sibling opinions yet indexed.

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2089-05.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

DIGEST OF ETHICS ADVISORY PANEL
OPINION #89-5, REQUEST #47
Issued May 4, 1989

An attorney seeks Panel advice as to the propriety of giving a gift to a former client under the specific circumstances described. The inquiring attorney states that his former client gave his name to an individual with whom the former client was acquainted and suggested that the individual call the inquiring attorney. The attorney advises the Panel that the individual did call his firm and that the firm's representation of the new client was very successful, resulting in the recovery of a substantial sum of money. The attorney states that he would like to acknowledge his appreciation to the former client with a gift costing less than $100. The attorney explains that the former client did not make the referral with any expectation of recompense and, furthermore, would be unlikely to come into contact with other individuals or entities who would be potential clients. The attorney states that he has made no promises or agreements to make any further gifts to the former client in exchange for any sort of referral.

Rule 7.2(c) provides, in pertinent part:

(c) A lawyer shall not give anything of value to a person for recommending the lawyer's services.

The Panel takes the position that the attorney may not properly give his former client a gift under the circumstances he has described, in light of the clear prohibition of Rule 7.2(c).

Ethics Advisory Panel advice is protective in nature. There is no requirement that an attorney abide by a Panel opinion, but if he or she does, he or she is fully protected from any charge of impropriety.