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Opinion 23-03 |
Business Transactions With Clients | Conflict of Interest | Referral Fees and Arrangements
A lawyer who receives compensation in exchange for the referral of clients to an investment advisor has a conflict of interest and is involved in a business transaction with a client. Whether a lawyer can engage in such a transaction must be analyzed on a case-by-case basis.
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Opinion 21-04 |
Division of Fees | Referral Fees and Arrangements
An Illinois lawyer may enter into a fee-sharing agreement with an out-of-state lawyer who refers a personal injury case to the Illinois lawyer so long as the agreement complies with the applicable Illinois Rules of Professional Conduct and the corresponding rules of the foreign jurisdiction.
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Opinion 15-04 |
Division of Fees | Referral Fees and Arrangements
A lawyer may share court-awarded legal fees with a nonprofit organization that referred the matter to the lawyer. However, in the absence of court-awarded fees, the lawyer may not share fees with the organization, and may not pay a referral fee to the organization except as may be permitted under Rule 7.2(b)(2).
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Opinion 12-03 |
Advertising and Solicitation | Confidentiality | Referral Fees and Arrangements
A lawyer may participate in a networking group with other service professionals which refers clients to one another if: (a) the reciprocal referrals are not exclusive; (b) the lawyer requests prior consent from the client to give his or her name to someone in the networking group, although the better practice might be for the lawyer to give the name of the other “professional” to the client; (c) the client is informed of the existence of the referral agreement between the lawyer and the non-lawyer professional; and (d) the referral arrangement does not interfere with the lawyer’s professional judgment as to making the referral or providing substantive legal services.
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Opinion 10-02 |
Referral Fees and Arrangements
A lawyer may not enter into a referral arrangement with a real estate company that would require the lawyer to use the real estate company’s affiliated title insurer for the lawyer’s clients as a condition of receiving referrals from the real estate company. Other Illinois and federal law governing the lawyer’s conduct may also apply to the proposed arrangement.
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Opinion 01-05 |
Arbitration and Mediation | Division of Fees | Referral Fees and Arrangements
It is professionally improper for a lawyer providing mediation services in a "mediation firm" comprised entirely of lawyers to participate in an arrangement with nonlawyers whereby the "mediation firm" obtains referrals in return for the payment of fees by the "mediation firm" to the nonlawyers.
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Opinion 97-05 |
Advertising and Solicitation | Lawyer Referral Services | Referral Fees and Arrangements
A lawyer may not participate or assist in any way in a business operating as a for-profit lawyer referral service.
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Opinion 97-04 |
Business Transactions With Clients | Referral Fees and Arrangements
A lawyer may not properly take a referral fee from an investment advisor for referring a client to the advisor unless the lawyer rebuts the presumption of undue influence that arises when a lawyer enters into a business transaction with the client; the presumption may be rebutted by showing the transaction was fair, the client had the opportunity for independent advice of counsel and consented to the transaction after full disclosure.
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Opinion 97-01 |
Confidentiality | Referral Fees and Arrangements
A lawyer may request the names of potential customers for his employer bank from another lawyer, but should not coerce the other lawyer to produce such names. A lawyer may give the names of his clients to a bank as potential customers for banking services, but must first obtain consent of his clients to do so.
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Opinion 94-12 |
Advertising and Solicitation | Division of Fees | Referral Fees and Arrangements
An Illinois lawyer may not participate in a lawyer referral program which is operated by a for profit organization.
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Opinion 94-08 |
Advertising and Solicitation | Referral Fees and Arrangements | Unauthorized Practice of Law
It is professionally improper for a lawyer to participate in an arrangement with a non-lawyer whereby the latter engages in conduct which constitutes the unauthorized practice of law and where the lawyer obtains referrals in return for the payment of "marketing" or "consultation" fees and other things of value by the lawyer to the non-lawyer.
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Opinion 94-04 |
Advertising and Solicitation | Referral Fees and Arrangements
A lawyer or law firm may participate in a seminar relating to Advance Directive Services in which a health care organization (HCO) assists in preparation of materials so long as any payment by the lawyer or firm to the HCO is limited to the costs of preparation of the materials, those materials and their distribution comply with the rules on advertising, and all legal services are rendered solely by the lawyer.
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Opinion 92-16 |
Advertising and Solicitation | Referral Fees and Arrangements
Attorney practicing before Internal Revenue Service may not give reductions in fees to IRS agent before whom attorney practices in exchange for agent "doing what he could to further career of attorney."
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Opinion 92-08 |
Advertising and Solicitation | Referral Fees and Arrangements
Under facts presented, proposal of corporation to recommend its law firm to employees at reduced rates conforms to requirements of Illinois Rules of Professional Conduct.
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Opinion 91-03 |
Division of Fees | Fees Paid by Third Party | Referral Fees and Arrangements
A lawyer may represent creditor/client when a collection agency retains the lawyer acting as an agent for the creditor/client but must satisfy himself that the collection agency is authorized by the creditor/client to do so; may not divide fees with the collection agency; and must ensure that the collection agency does not engage in improper solicitation for legal services or engage in the unauthorized practice of law in the marketing or performance of its services.
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Opinion 90-18 |
Referral Fees and Arrangements
Where a referring lawyer and a receiving lawyer comply with the Rules governing referral fees, the Rules do not regulate the division of the fee between the referring lawyer and the receiving lawyer.
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Opinion 90-11 |
Referral Fees and Arrangements
Division of fees permitted when proportionate to services performed or responsibility assumed. Fees may not be divided with lawyer under ethical impediment to representing the client.
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Opinion 89-02 |
Prosecutors | Referral Fees and Arrangements
A State's Attorney may not accept a referral fee in a wrongful death case where a violation of a city or county ordinance is in question.
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Opinion 840 |
Of Counsel Designation | Referral Fees and Arrangements
The Code of Professional Responsibility does not sanction the creation of a network of independent attorneys to whom a law firm is contractually committed to obtain and subcontract legal work.
The relationship between a law firm and attorneys with whom it contracts to perform services for its clients does not support "Of Counsel" or "Affiliate" designation.
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Opinion 801 |
Referral Fees and Arrangements
It is not a per se conflict to represent a client where a blood or spousal relation may have an interest.
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Opinion 784 |
Referral Fees and Arrangements
It is not improper for a part-time public defender to refer cases involving misconduct of police officers to other counsel and receive a referral fee.
