ABA Formal Opinion 465

American Bar Association Standing Committee on Ethics and Professional Responsibility

Topic: Lawyers’ Use of Deal-of-the-Day Marketing Programs

The Committee analyzed two types of programs: coupon and prepaid. In a coupon program, the purchaser buys a voucher entitling the purchaser to a discount on legal fees. In the prepaid plan, the purchaser pays a lump sum for a described legal service or specified number of hours. The Committee concluded that coupon plans could probably be structured to comply with the Rules of Professional Conduct. While not per se unethical, prepaid plans posed problems with regard to handling and refund of legal fees.

Rules: 1.1, 1.15(c), 1.18, 5.4, 7.1, 7.2(b)(1)

Referenced Ethics Opinions

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