Can a county bar association run a lawyer referral service just for university students, charge a small consultation fee, and let participating lawyers be hired by the students?

Plain-English summary

A county bar association was asked to furnish a referral service to students at a university in the county, operated from the dean of students' office, with participation optional for local lawyers. A student needing legal advice would request it through the dean's office, where a secretary or volunteer would identify the area of law and give the student the names of the next two attorneys on the list who took referrals in that area; the student would be free to contact either. The inquiry asked whether the program could be limited to university students (the local bar lacked resources for a community-wide service), whether a $15 consultation fee (intended to discourage frivolous requests) was ethical, and whether a participating member could be retained by a referred student.

The Committee identified the applicable authority as DR 2-103(E)(3), Texas Professional Ethics Opinion 371 (1975), and Tex. Rev. Civ. Stat. Ann. Art. 320d (Supp. 1987). It concluded that it is not unethical for the county bar, through its members, to render this service for the community, even though limited to students at the university located in the county.

The Committee also concluded that it is not unethical to assess a reasonable charge against the person seeking the service, with the bar association selecting the attorney and setting the fee to be paid by the student. After the initial consultation, it is not unethical for the attorney to be retained by the student, as long as the dean's office tells the student, preferably in writing, that there is no obligation to employ the attorney. Finally, it is not unethical for members to participate in the program to assist the university's students.

Currency note

This opinion was issued in 1987, under the former Texas Code of Professional Responsibility, which the Texas Disciplinary Rules of Professional Conduct replaced effective January 1, 1990. The Disciplinary Rules have since been amended, and Texas never adopted the ABA's Ethics 2000 framework. The current Texas rules on lawyer referral services and recommendation of a lawyer's services are in Rule 7.03, with the closest ABA analog Model Rule 7.2. Subsequent rule changes or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Can a bar referral service be limited to one university's students?

A: Per the opinion, yes. The Committee concluded it is not unethical for the county bar to render the service even though it is limited to students attending the university located in the county.

Q: Can the service charge a consultation fee?

A: The Committee concluded it is not unethical to assess a reasonable charge on the person seeking the service, with the bar association selecting the attorney and setting the fee paid by the student.

Q: Can the referred student then hire the lawyer?

A: Yes, after the initial consultation, as long as the dean's office tells the student, preferably in writing, that there is no obligation to employ the attorney.

Background and rules framework

The opinion interprets DR 2-103(E)(3) of the former Texas Code of Professional Responsibility (cooperation with a bar-sponsored lawyer referral service) and relies on Opinion 371 (1975) and Tex. Rev. Civ. Stat. Ann. Art. 320d (Supp. 1987). The closest current concepts are Texas Rule 7.03 and Model Rule 7.2 on lawyer referral arrangements. The analysis turns on the bar association operating the service, setting the fee, and ensuring the student is under no obligation to hire the referred attorney.

Citations and references

Rules of Professional Conduct:

• MR 7.2 (recommendation of a lawyer's services; referral arrangements)
• DR 2-103(E)(3), Texas Code of Professional Responsibility

Statutes:

• Tex. Rev. Civ. Stat. Ann. Art. 320d (Supp. 1987)

Other opinions cited:

• Texas Professional Ethics Committee Opinion 371 (1975)

See also

• TX Ethics Op. 446: Referrals From a Financial Planning Organization
• TX Ethics Op. 503: Sharing Fees With a Nonprofit Referrer

Source

• Landing page: https://www.legalethicstexas.com/resources/opinions/opinion-443/
• Original PDF: https://tcle-web.s3.amazonaws.com/public/documents/Opinion_443.pdf

Original opinion text

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

QUESTION PRESENTED

A county bar association has been requested to furnish a service to students enrolled at a university located within the county. The services rendered would be solely for the benefit of students enrolled at the university. The program will be operated from the office of the dean of the university. Any lawyer of the local county bar association would have a choice of whether or not to participate in the program. A student at the university who felt he needed legal advice would request this advice through the dean of students' office at the university. Someone in the dean's office (a secretary or perhaps a volunteer student) would determine the area of law involved, and pull the names, addresses, and telephone numbers of the next two attorneys on the list who have indicated that they will take referrals in this area. The student will be given this information and would be free to contact either attorney.
Can the program be limited to university students only? (The local bar does not have the resources to maintain a community-wide referral service.)
The program will be operated with little or no expense to the county bar association (because the university will actually operate the system). The plan is to charge $15.00 for a student to consult with an attorney. This fee is primarily to help eliminate unnecessary or frivolous requests for consultation. Is it ethical to charge a fee of this type? The amount will be determined from time to time by a vote of the members of the county bar association.
Is it ethical for a member of the county bar association who is participating in the program to be retained by a referred student?

DISCUSSION

Applicable authority to the questions are DR 2-103(E)(3), Texas Professional Ethics Opinion 371 (1975) and Tex. Rev. Civ. Stat. Ann. Art. 320d (Supp. 1987).

It is not unethical for the county bar association through its members to render this service for the community. This is true even though the services in this instance are limited to students attending the university, which is located in the county.
It is not unethical to assess a reasonable charge against the person seeking this service. The program should be operated so that the county bar association selects the attorney to render the services requested by a student of the university, and determines the amount of the fee to be paid to the attorney by the student.
After the initial consultation, it is not unethical for the attorney to be retained by the student to represent him as long as the person in the dean of students' office of the university tells the student, preferably in writing, that there is no obligation on the part of the student to employ the attorney.
It is not unethical for the members of the county bar association to participate in this program to assist students of the university while attending.

CONCLUSION

It is not unethical for the county bar association through its members to render this service for the community. This is true even though the services in this instance are limited to students attending the university, which is located in the county.
It is not unethical to assess a reasonable charge against the person seeking this service. The program should be operated so that the county bar association selects the attorney to render the services requested by a student of the university, and determines the amount of the fee to be paid to the attorney by the student.
After the initial consultation, it is not unethical for the attorney to be retained by the student to represent him as long as the person in the dean of students' office of the university tells the student, preferably in writing, that there is no obligation on the part of the student to employ the attorney.
It is not unethical for the members of the county bar association to participate in this program to assist students of the university while attending.

Tex. Comm. On Professional Ethics, Op. 443 (1987)