DR 2-103. RECOMMENDATION OF PROFESSIONAL EMPLOYMENT

A lawyer shall not recommend employment, as a private practitioner, of himself

or herself, his or her partner, or associate to a non-lawyer who has not sought the lawyer’s advice

regarding employment of a lawyer, except as provided in DR 2-101.

(B)

A lawyer shall not compensate or give any thing of value to a person or

organization to recommend or secure the lawyer’s employment by a client, or as a reward for

having made a recommendation resulting in the lawyer’s employment by a client, except that the

lawyer may pay the usual and reasonable fees or dues charged by any of the organizations listed

in DR 2-103(D).

(C)

A lawyer shall not request a person or organization to recommend or promote the

use of the lawyer’s services or those of the lawyer’s partner or associate, or any other lawyer

affiliated with the lawyer or the lawyer’s firm, as a private practitioner, except that:

(1)

The lawyer may request referrals from a lawyer referral service that refers the

lawyer to prospective clients but only if the lawyer referral service conforms to all of the

following:

(a)

Operates in the public interest for the purpose of referring prospective clients to

lawyers, pro bono and public service programs, and government, consumer, or other agencies

who can provide the assistance the clients need in light of their financial circumstance, spoken

language, any disability, geographical convenience, and the nature and complexity of their

problem;

(b)

Calls itself a lawyer referral service or a lawyer referral and information service;

(c)

Is open to all lawyers who are licensed and admitted to the practice of law in Ohio

who maintain an office in the geographical area to be served by the service and who meet

reasonable, objectively determined experience requirements established by the service; pay the

reasonable registration and membership fees established by the service; and maintain in force a

policy of errors and omissions insurance in an amount established by the service;

ed to the practice of law in Ohio

who maintain an office in the geographical area to be served by the service and who meet

reasonable, objectively determined experience requirements established by the service; pay the

reasonable registration and membership fees established by the service; and maintain in force a

policy of errors and omissions insurance in an amount established by the service;

(d)

Establishes rules that prohibit lawyer members of the service from charging

prospective clients to whom a client is referred, fees and or costs that exceed charges the client

would have incurred had no lawyer referral service been involved;

(e)

Establishes procedures to survey periodically clients referred to determine client

satisfaction with its operations and to investigate and take appropriate action with respect to

client complaints against lawyer members of the service, and the service and its employees;

(f)

Establishes procedures for admitting, suspending, or removing lawyers from its

roll of panelists and promulgates rules that prohibit the making of a fee generating referral to any

lawyer who has an ownership interest in, or who operates or is employed by the lawyer referral

service, or who is associated with a law firm that has an ownership interest in, or operates or is

employed by the lawyer referral service;

(g)

Establishes subject-matter panels, eligibility for which shall be determined on the

basis of experience and other substantial objectively determinable criteria;

(h)

Does not, as a condition of participation in the referral service, limit the lawyer’s

selection of co-counsel to other lawyers listed with the referral service;

(i)

Does not make a fee-generating referral to any lawyer who has an ownership

interest in or who operates or is employed by the lawyer referral service or who is associated with

a law firm that has an ownership interest in or operates or is employed by a lawyer referral

service.

referral service, limit the lawyer’s

selection of co-counsel to other lawyers listed with the referral service;

(i)

Does not make a fee-generating referral to any lawyer who has an ownership

interest in or who operates or is employed by the lawyer referral service or who is associated with

a law firm that has an ownership interest in or operates or is employed by a lawyer referral

service.

(j)

Reports regularly to the Supreme Court Committee for Lawyer Referral and

Information Services and complies with the record-keeping and requirements of and regulations

adopted by the Committee.

(2)

A lawyer participating in a lawyer referral service that meets the requirements of

divisions (C)(1)(a) to (j) of this rule may:

(a)

Be required, in addition to payment of a membership or registration fee as

provided in divisions (C)(1)(c) of this rule, to pay a fee calculated as a percentage of legal fees

earned by any lawyer panelist to whom the lawyer referral service has referred a matter. The

income from the percentage fee shall be used only to pay the reasonable operating expenses of

the service and to fund public service activities of the service or its sponsoring organization,

including the delivery of pro bono public services;

(b)

As a condition of participation in the service, be required to submit any fee

disputes with a referred client to mandatory fee arbitration;

(c)

Participate in moderate and no-fee panels and other special panels established by

the service that respond to the referral needs of the consumer public, eligibility for which shall be

determined on the basis of experience and other substantial objectively determinable criteria.

(3) The lawyer may cooperate with the legal service activities of any of the offices or

organizations enumerated in divisions (D)(1) to (4) of this rule and may perform legal services

for those to whom the lawyer was recommended by it to do such work if both of the following

apply:

which shall be

determined on the basis of experience and other substantial objectively determinable criteria.

(3) The lawyer may cooperate with the legal service activities of any of the offices or

organizations enumerated in divisions (D)(1) to (4) of this rule and may perform legal services

for those to whom the lawyer was recommended by it to do such work if both of the following

apply:

(a) The person to whom the recommendation is made is a member or beneficiary of such

office or organization;

(b) The lawyer remains free to exercise independent professional judgment on behalf of

the lawyer’s client.

(D) A lawyer shall not knowingly assist a person or organization that furnishes or pays

for legal services to others to promote the use of the lawyer’s services or those of the lawyer’s

partner or associate or any other lawyer affiliated with the lawyer or the lawyer’s firm except as

permitted in DR 2-101(B). However, this does not prohibit a lawyer or the lawyer’s partner or

associate or any other lawyer affiliated with the lawyer or the lawyer’s firm from being

recommended, employed, or paid by, or cooperating with, assisting, and providing legal services

for, one of the following offices or organizations that promote the use of the lawyer’s services or

those of the lawyer’s partner or associate or any other lawyer affiliated with the lawyer or the

lawyer’s firm if there is no interference with the exercise of independent professional judgment

on behalf of the lawyer’s client:

(1) A legal aid office or public defender office:

(a) Operated or sponsored by a duly accredited law school.

(b) Operated or sponsored by a bona fide non-profit community organization.

(c) Operated or sponsored by a governmental agency.

ith the lawyer or the

lawyer’s firm if there is no interference with the exercise of independent professional judgment

on behalf of the lawyer’s client:

(1) A legal aid office or public defender office:

(a) Operated or sponsored by a duly accredited law school.

(b) Operated or sponsored by a bona fide non-profit community organization.

(c) Operated or sponsored by a governmental agency.

(d) Operated, sponsored, or approved by a bar association.

(2) A military legal assistance office.

(3) A lawyer referral service that complies with division (C) of this rule.

(4) Any bona fide organization that recommends, furnishes, or pays for legal services to

its members or beneficiaries provided all of the following conditions are satisfied:

(a) The organization, including any affiliate, is organized and operated so that no profit is

derived by it from the rendition of legal services by lawyers, and that, if the organization is

organized for profit, the legal services are not rendered by lawyers employed, directed,

supervised, or selected by it except in connection with matters where the organization bears

ultimate liability of its member or beneficiary.

(b) Neither the lawyer, the lawyer’s partner, associate, or any other lawyer affiliated with

the lawyer or the lawyer’s firm, nor any non-lawyer, shall have initiated or promoted the

organization for the primary purpose of providing financial or other benefit to the lawyer,

partner, associate, or affiliated lawyer.

(c) The organization is not operated for the purpose of procuring legal work or financial

benefit for any lawyer as a private practitioner outside of the legal services program of the

organization.

(d) The member or beneficiary to whom the legal services are furnished, and not the

organization, is recognized as the client of the lawyer in the matter.

rtner, associate, or affiliated lawyer.

(c) The organization is not operated for the purpose of procuring legal work or financial

benefit for any lawyer as a private practitioner outside of the legal services program of the

organization.

(d) The member or beneficiary to whom the legal services are furnished, and not the

organization, is recognized as the client of the lawyer in the matter.

(e) Any member or beneficiary who is entitled to have legal services furnished or paid

for by the organization, if such member or beneficiary so desires, may select counsel other than

that furnished, selected or approved by the organization; provided, however, that the organization

shall be under no obligation to pay for the legal services furnished by the attorney selected by the

beneficiary unless the terms of the legal services plan specifically provide for payment.

Every legal services plan shall provide that any member or beneficiary may assert a claim

that representation by counsel furnished, selected, or approved by the organization would be

unethical, improper, or inadequate under the circumstances of the matter involved. The plan

shall provide for adjudication of a claim under division (D)(4)(e) of this rule and appropriate

relief through substitution of counsel or providing that the beneficiary may select counsel and the

organization shall pay for the legal services rendered by selected counsel to the extent that such

services are covered under the plan and in an amount equal to the cost that would have been

incurred by the plan if the plan had furnished designated counsel.

(f) The lawyer does not know or have cause to know that the organization is in violation

of applicable laws, rules of court, and other legal requirements that govern its legal service

operations.

lected counsel to the extent that such

services are covered under the plan and in an amount equal to the cost that would have been

incurred by the plan if the plan had furnished designated counsel.

(f) The lawyer does not know or have cause to know that the organization is in violation

of applicable laws, rules of court, and other legal requirements that govern its legal service

operations.

(g) The organization has filed with the Supreme Court of Ohio, on or before the first day

of January of each year, a report with respect to its legal service plan, if any, showing its terms,

its schedule of benefits, its subscription charges, agreements with counsel, and financial results

of its legal service activities or, if it has failed to do so, the lawyer does not know or have cause

to know of the failure.

(E) Nothing in this rule prohibits a lawyer from accepting employment received in

response to the lawyer’s own advertising, provided the advertising is in compliance with DR 2-

101.