ISBA Ethics Opinions on Referral Fees and Arrangements

Opinion 23-03 | Business Transactions with Clients | Conflict of Interest | Referral Fees and Arrangements
Lawyer receiving fee for referring client to investment advisor

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.
Opinion 21-04 | Division of Fees | Referral Fees and Arrangements
Paying a referral fee to an out-of-state lawyer

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.
Opinion 15-04 | Division of Fees | Referral Fees and Arrangements
Sharing court awarded fees with non-profit referral source
Opinion 12-03 | Advertising and Solicitation | Confidentiality | Referral Fees and Arrangements
Lawyer's participation in networking group with nonlawyer professionals
Opinion 10-02 | Referral Fees and Arrangements
Reciprocal referral agreements

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.
Opinion 01-05 | Arbitration and Mediation | Division of Fees | Referral Fees and Arrangements
Mediation firm paying nonlawyers in exchange for case referrals
Opinion 97-01 | Confidentiality | Referral Fees and Arrangements
Disclosing client identity
Opinion 97-05 | Advertising and Solicitation | Lawyer Referral Services | Referral Fees and Arrangements
For profit referral service
Opinion 97-04 | Business Transactions with Clients | Referral Fees and Arrangements
Fee for referring clients to other nonlawyer professionals
Opinion 94-12 | Advertising and Solicitation | Division of Fees | Referral Fees and Arrangements
Participation in for profit lawyer referral service managed and advertised by nonlawyers
Opinion 94-08 | Advertising and Solicitation | Referral Fees and Arrangements | Unauthorized Practice of Law
Client referrals from nonlawyer in exchange for payments
Opinion 94-04 | Advertising and Solicitation | Referral Fees and Arrangements
Lawyer participation in informational seminar and subsequent legal representation
Opinion 92-16 | Advertising and Solicitation | Referral Fees and Arrangements
Reduced fees to government employee in exchange for potential referrals
Opinion 92-08 | Advertising and Solicitation | Referral Fees and Arrangements
Corporate client recommends its law firm to corporate employees and secures reduced fees for the employees
Opinion 91-03 | Division of Fees | Fees Paid by Third Party | Referral Fees and Arrangements
Lawyer retained by collection agency on behalf of creditor
Opinion 90-18 | Referral Fees and Arrangements
Reasonableness of referral fee
Opinion 90-11 | Referral Fees and Arrangements
Referral fee to lawyer ethical prohibited from representing the client
Opinion 89-02 | Prosecutors | Referral Fees and Arrangements
Prosecutor’s acceptance of referral fee for violation of county ordinance
Opinion 840 | Of Counsel Designation | Referral Fees and Arrangements
Network of affiliated law firms
Opinion 801 | Referral Fees and Arrangements
Referrals from spouse
Opinion 784 | Referral Fees and Arrangements
Part-time public defender accepting referral fee for case related to police misconduct

ISBA Advisory Opinions on Professional Conduct are prepared as an educational service to members of the ISBA. While the opinions express the ISBA interpretation of the Illinois Rules of Professional Conduct and other relevant materials in response to a specific hypothesized fact situation, they do not have the weight of law and should not be relied upon as a substitute for individual legal advice. For more information, call the ISBA Legal Department at (217) 525-1760 or (800) 252-8908.