Can an Illinois lawyer join a for-profit lawyer referral service that pays the service for sending clients?

Plain-English summary

The inquiry concerned Yellow Pages advertisements from Florida for attorney referral services and a nationwide lawyer referral service advertised in the ABA Journal, neither of which indicated it served low-income clients or operated as a not-for-profit. The question was whether an Illinois lawyer may participate in a for-profit lawyer referral system.

The opinion concluded that Rule 7.2(b) bars a lawyer from giving anything of value for recommending the lawyer's services, except to pay the reasonable cost of advertising permitted by Rules 7.1 and 7.2 and to pay the usual charges of a not-for-profit lawyer referral service or other legal-service organization. It concluded that, by limiting paid referral systems to not-for-profit agencies, the Rule is presumed to serve the public interest adequately.

The opinion noted that other states (California, Florida, Texas) permit for-profit referral systems by licensing and supervising them under minimum standards, and that the ABA had adopted model rules and a quality-assurance act for lawyer referral services. It concluded, however, that because Illinois had not adopted those model provisions or independent legislation and Illinois lawyers remain governed by Rule 7.2(b), it would be improper for an Illinois lawyer to subscribe to participation in the for-profit referral services described.

Currency note

This opinion was issued in 1994, before Illinois adopted the 2010 Illinois Rules of Professional Conduct. The ISBA Board of Governors affirmed the opinion in January 2010 as generally consistent with the 2010 Rules (referring to Rule 7.2(a) and (b)), while noting the specific standards referenced may differ from the 2010 Rules. Subsequent rule amendments 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 Treat this page as historical context, not current guidance.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 or requirement mentioned here.

Common questions

Q: Can an Illinois lawyer pay a for-profit referral service for clients?

A: The opinion concluded a lawyer may not, because Rule 7.2(b) permits paying the usual charges only of a not-for-profit lawyer referral service or legal-service organization.

Q: Why are not-for-profit services treated differently?

A: The opinion concluded that limiting paid referral systems to not-for-profit agencies is presumed to adequately protect the public interest in responsible, unbiased referrals.

Q: Other states allow for-profit referral services; why not Illinois?

A: The opinion concluded that those states license and supervise such services under minimum standards, but Illinois had not adopted comparable rules or legislation, so Illinois lawyers remain governed by Rule 7.2(b)'s limitation.

Background and rules framework

The opinion interpreted Rule 7.2(b) (a lawyer may not give value for recommendations, except advertising costs and the usual charges of a not-for-profit lawyer referral service or legal-service organization) and Rule 7.2(a)(2) (Model Rule 7.2).

Citations and references

Rules of Professional Conduct:

• Model Rule 7.2 (advertising; payment for referrals; lawyer referral services) / Illinois Rule 7.2(a)(2), (b)

Other references:

• Rules Regulating the Florida Bar 4-7.6; California Business and Professions Code 6155; Texas Title 14, Article 320d
• ABA Standing Committee on Lawyer Referral and Information Service, Model Rules (Aug. 1993)

See also

• ISBA Ethics Op. 94-11: A For-Profit Legal-Advice Hotline
• ISBA Ethics Op. 21-04: Paying a Referral Fee to an Out-of-State Lawyer
• ISBA Ethics Op. 15-04: Sharing Court-Awarded Fees With a Referral Source

Source

• Landing page: https://www.isba.org/ethics/opinions/9412