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Opinion 25-02 |
Advertising and Solicitation | Lawyer Referral Services | Sharing Fees With Nonlawyers
An Illinois attorney would violate the Illinois Rules of Professional Conduct by accepting clients from a for-profit, third-party client referral service that (1) charges clients a fixed fee for petty criminal and traffic offense cases, (2) pays a lawyer in the service’s network a portion of the fixed fee, and (3) offers a money-back guarantee to the client if the client does not “win” the case. Even if the referral service did not contain these problematic features, an Illinois attorney still would violate the Rules of Professional Conduct if the referral service is one that (a) fails to disclose the use of non-attorney actors in advertising directed to potential clients, or (b) requires the lawyers to communicate with clients on an online platform monitored by the referral service, with no guarantee of confidentiality and no apparent disclosure to and informed consent of the client. Further, using referral services such as those described in this opinion also would raise other problems, including the potential that the lawyer would be unable to comply with their obligations under the Rules of Professional Conduct with respect to the charging of fees, including the obligation to ensure the fee charged is a reasonable one.
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Opinion 22-02 |
Advertising and Solicitation | Sharing Fees With Nonlawyers
A for-profit lawyer-client “match” service may comply with the Illinois Rules of Professional Conduct if (1) the matches are automated and completed without discretion on the part of the service as to what lawyer to match with a potential client; (2) the service does not endorse or vouch for the lawyer’s services, or hold itself out as such; (3) the service is not involved in any resulting attorney-client relationship that is formed after a “match”; and (4) any fees paid by the lawyer to the service are reasonable and unrelated to the services the lawyer provides to the client identified through the service. However, after a lawyer has initially decided that their participation in such a service complies with the Illinois Rules of Professional Conduct, the lawyer should evaluate, as frequently as is reasonable and including when asked to decide to renew their contract with the service or when provided information about changes to the service, whether their participation will continue to comply with the Rules. A lawyer must end their involvement with the service if and when they learn it violates the Illinois Rules of Professional Conduct.
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Opinion 14-03 |
Conflict of Interest | Corporate and In-House Counsel | Professional Independence of Lawyer | Sharing Fees With Nonlawyers | Unauthorized Practice of Law
Staff attorney employed by non-lawyer business entity is prohibited from providing legal services to the entity’s customers.
