Today the ABA Standing Committee on Ethics and Professional Responsibility issued ABA Formal Ethics Opinion 465 Lawyers’ Use of Deal-of-the-Day Marketing Programs. "Deal-of-the-day or group-coupon marketing programs offer an alternative way to sell goods and services. Lawyers hoping to market legal services using these programs must comply with various Rules of Professional Conduct, including, but not limited to, rules governing fee sharing, advertising, competence, diligence, and the proper handling of legal fees. It is also incumbent upon the lawyer to determine whether conflicts of interest exist. While the Committee believes that coupon deals can be structured to comply with the Model Rules, it has identified numerous difficult issues associated with prepaid deals and is less certain that prepaid deals can be structured to comply with all ethical and professional obligations under the Model Rules."
For more information and a copy of the Formal Opinion, see The American Bar Association's Center for Professional Responsibility at
www.ambar.org/CPRHome.
Brett R. Harris, Esq.
Business, Nonprofit and Technology Attorney
Wilentz, Goldman & Spitzer, P.A.
Woodbridge, New Jersey
www.wilentz.com
(732) 855-6122
[email protected]
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