ISBA Ethics Opinions on Sharing Fees With Nonlawyers

Opinion 22-02 | Advertising and Solicitation | Sharing Fees With Nonlawyers
Lawyer participating in for-profit client matching service

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.
Opinion 14-03 | Conflict of Interest | Corporate and In-House Counsel | Professional Independence of Lawyer | Sharing Fees With Nonlawyers | Unauthorized Practice of Law
In-house corporate lawyer may not provide legal services to the corporate employer's customers

Staff attorney employed by non-lawyer business entity is prohibited from providing legal services to the entity’s customers.

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.

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