道德意见245

Payment of Referral Fee to a Lawyer for Recommendation of Registered Agent

A lawyer may not retain a referral fee or commission for referring corporate clients to a firm that provides services as a statutory registered agent. Any payment offered to the lawyer for a referral of client’s 业务 must be disclosed to the client. 客户必须同意付款. 付款必须交给客户.

适用的规则

• 规则1.7(b)(4) (Lawyer’s professional judgment on behalf of the client shall not be affected by the lawyer’s personal interest).

调查

The inquirer is president of a company that offers services as a statutory registered agent for corporations in the District of Columbia. 询问者希望征求D.C. 酒吧 members and offer a commission for listing his company as registered agent in articles of incorporation or in applications for certificates of authority for foreign corporations to transact 业务 in the District. 询问者问D是否不道德.C. 澳门赌场官网协会成员接受这样的佣金.

讨论

D.C. 规则1.7(b)(4) forbids a lawyer from representing a client when the

lawyer’s professional judgment on behalf of the client will be or reasonably may be adversely affected by the lawyer’s responsibilities to or interests in a third party or the lawyer’s own financial, 业务, 财产, 或者个人兴趣.

Prior to adoption of the 规则, DR 5-101(A) stated the same rule.

在代表客户时, a lawyer often may have reason to retain a third party to provide necessary services that will be paid by the client or recommend a third party to the client for the client to engage directly. 例如产权保险公司, 结合公司, 打印机, 法院记者, 专家证人.

从事或推荐这种服务, the lawyer must have paramount concern for the client’s interests--a good product for the client at a fair price. 澳门赌场官网’s judgment cannot be influenced by a promised payment to the lawyer from the third party.

This Committee has not considered previously an inquiry involving a commission or referral fee from a third party to a lawyer for referral or placement of a client’s 业务. 意见138, 然而, the Committee considered whether a lawyer could refer a client to a particular bank for a loan to cover legal services. 澳门赌场官网不能从银行得到任何报酬. Rather the lawyer would pay the bank $25 for each client referred. 澳门赌场官网, 然而, benefited from the arrangement because the $25 fee provided speedy processing of the client’s loan request and the bank’s agreement to notify the lawyer if the agreement was rejected. The Committee permitted the arrangement but said that the lawyer could have no interest in the bank, and the lawyer “must be satisfied that the credit arrangements are fair and in the client’s interest.”

非正式意见1020(2月10日. 9, 1968), the American 酒吧 Association forbade a lawyer from accepting remuneration for referrals of inventor clients to an investment company. The Committee rejected permitting the remuneration even with full disclosure to the client and consent. The Committee cited with approval unpublished Informal Opinion 278 which provided:

A lawyer may not accept a gratuity from anyone without his client’s knowledge and consent, 如果他这样做了，小费就真的属于客户了, 谁, 当然, 可能因此使澳门赌场官网费更丰厚吗, 但并不一定要这样做.

Philadelphia 酒吧 Association Ethics Opinion 91-28 (1991) forbade a lawyer’s acceptance of a referral fee from an expert witness because it might divert the lawyer from making the selection solely on 谁 would do the best job for the client (as well as the possible impact on witness’ credibility if the arrangement were revealed). 佛罗里达伦理意见70-13(1970)支持客户, 而不是澳门赌场官网, must receive the benefit of a finder’s fee for placing a client’s investments. New Jersey Ethics Opinion 416 (1979) holds that a commission from a referral fee from a real estate company for listings obtained must be disclosed to the client. The client must consent, and the referral fee must be credited to the client.

We find that a lawyer may not retain a referral fee or commission from a third party for referring legal clients. Any payment offered to the lawyer for referral of a client’s 业务 must be disclosed to the client. 客户必须同意付款, and the payment must be turned over to the client directly or as a credit to the bill for legal services. A lawyer’s judgment in referring a client for services from third parties must be based on assessment of the quality of the third party’s services and fairness of the price, 不是为了给澳门赌场官网带来潜在的经济利益.

调查没有. 93-4-9
通过:1993年11月23日