Is the Networks program a “lawyer referral service” prohibited by ER 7.1(r)(3)?
Yes, ER 7.1(r)(3) provides that a lawyer may be recommended, or may cooperate with, “a lawyer referral service operated, sponsored, or approved by a bar association.” This Committee previously has concluded that an earlier counterpart of that rule implies that a lawyer referral service not approved by any bar association is impermissible. Formal Op. 90-09 (August 2, 1990); accord, Formal Op. 85-08 (November 1, 1985). The former Adverting Committee questioned in its Opinion 01-93 whether that negative implication may properly be drawn from ER 7.1(r)(3), without noting in that discussion that this Committee had already drawn that implication in Opinions 90-09 and 85-08. The advertising Committee opinion ultimately avoided deciding that question by concluding that the program at issue was a permissible group advertising program rather than a lawyer referral service. Our opinion that a non-sponsored lawyer referral service is impermissible is consistent with the conclusion of the ABA Cente
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