Advisory Opinions
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Updated through Oct. 9, 2009
REFEREES - (SeeJUDGES)
RELATIVES - (See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives)
RESTRICTIVE COVENANTS
(see also DEPARTING
ATTORNEYS)
RETAINER - (See FEES)
Op.
94-13 
attorney's participation in radio talk shows
Op. 88-30 legal services
corporation attorney representing client in a real estate transaction
Op.
88-32 attorney for purchaser discussing matters prior to arrival of seller's
attorney
Op. 90-9 lawyer concurrently
representing a client as a lawyer and a realtor; lawyer for personal representative
of estate acting as realtor in selling estate property
Op.
91-8 lawyer renting office space in real estate co-owned by judge and judge's
spouse; appearing before judge
Op. 2002-1
law firm entering a business agreement to pay annual fee to a real estate agency
and to offer discounted legal services to customers of the real estate agency
in exchange for the agency promoting the law firm as a service provider in a real
estate benefits program
REFEREES - (See JUDGES)
Op. 97-3 attorney's
surreptitious recording of conversations with clients, opposing parties, opposing
counsel, and others
Op. 87-4
lawyer sending letter to other lawyers requesting referrals
Op.
88-9 lawyer seeking referrals from organization involved in the adoption of
special children/offering legal services at a discounted rate for handling adoptions
Op.
88-12 free consultation by lawyer as part of funeral director's package
Op.
89-8 lawyer or law firm participating in a legal services plan offering free
consultation and discounted legal fees to members of various teachers' associations
Op.
89-25 legal aid society referring cases in which it has a conflict to volunteer
lawyers' project
Op. 90-9 lawyer who
is realtor recommending his or her legal services to real estate client
Op.
90-11 legal services attorney making in-person offer to represent indigent
defendant who appeared in court without representation
Op.
91-7 lawyer referral service providing joint advertising and screening of
potential client for referral to lawyers
Op.
91-17 lawyer requesting union representative to recommend attorney to union
membership
Op. 91-19 lawyer receiving
referrals from non-profit social service agency while providing pro-bono legal
services to agency and making periodic voluntary contributions
Op.
91-26 lawyer contacting by mail an officer or manager of a business corporation
regarding employment of lawyer for general representation
Op.
92-1 lawyer paying percentage of fees earned to bar association lawyer referral
service
Op. 92-15 law firm assisting
business corporation in sale of legal forms and advising corporation's clients
Op.
92-17 corporation referring clients to corporation's lawyer for private representations
lawyer
Op.
94-11 financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company’s loan to client
Op. 94-11 financing company requiring attorney to prospectively agree to pay the company a percentage of a legal fee when earned in exchange for the company's loan to client
Op. 95-6 lawyer paying percentage of fees earned
to non-profit organizations other than bar associations
Op.
98-1 lawyer receiving referrals from a group legal services plan established
by the lawyer and offered through an organization formed and operated by the lawyer
Op.
99-3 attorney listed in online directory of professional association; links
from attorney's name attorney's e-mail address or law firm web site; links from
online membership directory of a professional association to another related association;
link does not constitute a referral unless facts indicate it is a referral
Op.
99-7 law firm does not become a lawyer referral service by referring clients
it cannot competently handle to another law firm
Op.
2000-1 lawyer accepting a referral fee from a financial services group for referring clients in need of financial services
Op.
2000-5 attorney participating as a "referral affiliate attorney" for an online
referral service that requires the attorney to pay the service a percentage of
legal fees earned from the clients referred
Op.
2001-2 lawyer contacted by a law-related commercial Web site that offers to
make available the attorney's name, address, phone number, area of practice to
potential clients in exchange for the attorney providing compensation to the company;
payment for advertisement versus payment for referral; assisting in the unauthorized
practice of law
Op. 2002-1 law firm
entering a business agreement to pay annual fee to a real estate agency and to
offer discounted legal services to customers of the real estate agency in exchange
for the agency promoting the law firm as a service provider in a real estate benefits
program
Op. 2002-11 lawyer participating
in a group legal services plan paid for by a church to provide estate planning
services at no cost to church members
Op.
2003-1 law firm's representation of buyers or sellers of business entities;
laws firm's assistance in locating buyers or sellers through the law firm or through
ancillary business; law firm's referrals to business broker; law firm's referrals
to lenders; law firm's fee based on percentage of transaction price; law firm
sharing fee with business broker
Op.
2004-1 unsolicited commercial e-mail advertising of legal services by lawyers, lawyer advertising services, or lawyer referral services
Op. 04-9 attorney sending letter to chiropractor asking to meet to provide information regarding the attorney’s legal services; mutual referral agreements; self-recommendation
Op.88-35
lawyer performing legal services during time period when delinquent in paying
registration
Op.89-26 lawyer with
"inactive" registration status rendering free legal services to church
members; "inactive" registration status while serving as judicial clerk
Op.
91-1 retiring lawyer with "inactive" registration status being listed
in law directory; exemption from continuing legal education requirements; receiving
compensation from law firm other than retirement benefits
Op.
91-18 retiring attorney with "inactive" or "retired" registration
status including name in firm name, listing name on letterhead, having of counsel
relationship
Op. 92-4 attorney with
"inactive" or "retired" registration status serving on certified
grievance committees; lecturing on legal subjects at CLE programs; performing
duties of paralegal or student law clerk; serving on boards and commissions
Op.
96-3 attorney with inactive registration status continuing to hold shares
in a legal professional association; attorney with inactive registration status
name in firm name; retired attorney's name in firm name
Op.
2008-1 lawyer in law firm serving as “of counsel” to another lawyer or law firm; ethical implications of the “of counsel” relationship as to registration status, firm names and letterhead, division of fees, conflicts of interest, multiple “of counsel” relationships; and “of counsel” relationship with out-of-state lawyers or law firms
RELATIVES - (See CONFLICTS OF INTEREST; Disqualification of lawyers, CONFLICTS OF INTEREST, Relatives representing opposing parties; JUDGES, Relatives)
RESTRICTIVE COVENANTS
(see also DEPARTING
ATTORNEYS)
Op.
90-14 employment agreement restricting the right of a lawyer to practice law
after termination
Op. 91-3 departing
associate paying fees to firm
RETAINER - (See FEES)
Op. 91-1 retired
attorney with inactive status registration; exemption from CLE; listing in law
list or directory; reference to self as inactive partner; payment pursuant to
separation or retirement agreement
Op.
91-18 attorney with retired or inactive registration status; name in firm
name; name on letterhead; "of counsel" relationship
Op.
92-4 attorney with retired or inactive registration status; serving on certified
grievance committees; lecturing on legal subjects at CLE programs; performing
duties of paralegal or student law clerk; serving on boards and commissions
Op.
96-3 attorney with inactive registration status continuing to hold shares
in a legal professional association; attorney with inactive registration status
name in firm name; retired attorney's name in firm name