In Kentucky, may a lawyer advertise that the lawyer will donate a percentage of fees to charities the client designates?

Plain-English summary

The opinion answered whether a lawyer may advertise that the lawyer will donate a percentage of fees to charities designated by clients. The Committee concluded the practice was not permitted.

The Committee reasoned that the practice would violate Rule 5.4(a), which bars sharing legal fees with a nonlawyer, and would also violate the advertising rule (Rule 7.20(2)) because it would encourage and condone referrals from charities in return for contributions. The Committee added that while lawyers are encouraged to make charitable contributions, a majority of the Committee viewed making contributions part and parcel of advertising and business-getting as a negative development.

Currency note

This opinion was issued in 1996 and predates the Kentucky Supreme Court's substantial 2009 revisions to the Rules of Professional Conduct (SCR 3.130). The bar notes the rules are amended periodically and directs lawyers to the current rules and the Attorneys' Advertising Commission Regulations before relying on this opinion. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific rule, deadline, or requirement mentioned here.

Common questions

Q: Could a Kentucky lawyer advertise donating part of fees to client-chosen charities?

A: No. The Committee concluded the practice violated Rule 5.4(a) and the advertising rules.

Q: Why did fee donations to charity implicate the fee-sharing rule?

A: Per the opinion, the arrangement would amount to sharing legal fees with a nonlawyer in violation of Rule 5.4(a).

Q: Did the opinion disapprove of charitable giving by lawyers generally?

A: No. The Committee stated that lawyers are encouraged to make charitable contributions; its objection was to making contributions part of advertising and business-getting.

Background and rules framework

The opinion interprets KRPC 5.4(a) (a lawyer may not share legal fees with a nonlawyer; Model Rule 5.4) and the advertising rule then numbered KRPC 7.20(2) (Model Rule 7.2 governs advertising and giving anything of value for a recommendation). The analysis turns on the fee-sharing prohibition and the bar on rewarding referrals.

Citations and references

Rules of Professional Conduct:

• MR 5.4 / KRPC 5.4(a) (sharing legal fees with a nonlawyer)
• MR 7.2 / KRPC 7.20(2) (advertising; rewarding referrals)

Other opinions cited:

• Illinois Op. 92-94 (1993)

See also

• KBA Ethics Op. E-389: Practicing Under a False Partnership Name
• KBA Ethics Op. E-406: Sharing a Legal Secretary

Source

• Landing page: https://kybar.org/For-Members/Rules-Ethics-Information/Ethics-Opinions
• Original PDF: https://kybar.org/Portals/0/Admin/Ethics%20Opinions/KBA_E-388.pdf

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

KENTUCKY BAR ASSOCIATION
Ethics Opinion KBA E-388
Issued: March 1996

The Rules of Professional Conduct are amended periodically. Lawyers should consult the
current version of the rules and comments, SCR 3.130 (available at http://www.kybar.org)
and the Attorneys’ Advertising Commission Regulations, before relying on this opinion.

Question:

May a lawyer advertise or otherwise promote the fact that he or she will donate a
percentage of his or her fees to charities designated by the lawyer’s clients?

Answer:

No.

References: Illinois Op. 92-94 (1993)
OPINION
This practice would result in a violation of Rule 5.4(a). It would also result in violations
of Rule 7.20(2), as it would encourage and condone referrals from charities in return for
contributions. Lawyers are encouraged to make charitable contributions. But a majority of the
Committee believes that making contributions part and parcel of advertising and business-getting
is a negative development.

Note to Reader
This ethics opinion has been formally adopted by the Board of Governors of the Kentucky
Bar Association under the provisions of Kentucky Supreme Court Rule 3.530 (or its predecessor
rule). The Rule provides that formal opinions are advisory only.