Are Form LM-10 reports required from attorneys who are designated legal counsel?
A3. Yes. Reports are required if the lawyer is an employer and makes a reportable payment. Any entity that is an “employer” under the LMRDA and makes “any payment or loan, direct or indirect, of money or other thing of value (including reimbursed expenses), or any promise or agreement therefor, to any labor organization or officer, agent, shop steward, or other representative of a labor organization, or employee of any labor organization” (collectively referred to as “union officials”) must file a report, unless a specific exemption is applicable. 29 U.S.C. ยง 433. Lawyers who are designated legal counsel for a union will in most, if not all, cases meet this definition. Designated legal counsel, i.e., lawyers recommended by the union to its members for representation in workers’ compensation, personal injury, or other matters, have a relationship with the union by virtue of this designation. Thus, if the lawyer provides a gift, payment, loan, or other thing of value to a union official,