Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-69

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MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-69

Fees: Bartering Through ""Trade Exchange""


You ask whether or not as an attorney you may join the Chesapeake Trade Exchange without violating the Rules of Professional Conduct. In that connection, you attach a copy of the policies and procedures of the association.

  A  fair reading of the policy would indicate that you, as the attorney, would pay a fee to the association in exchange for which the association would make it possible for you to trade services with another member of the association.

  We refer you to 7.2(c) of the Rules of Professional Conduct. That section provides in pertinent part that an attorney shall not give anything of value to another for recommending lawyers' services. Your proposed payment of a fee to the Trade Association would be the transmission of something of value for recommending your services. Accordingly, the arrangement would appear to violate 7.2(c) of the Rules of Professional Conduct.

  We hasten to mention that 7.2(c) does permit an attorney to pay the usual charges of a not for profit Lawyer Referral Service or other legal service organization. The Chesapeake Trade Exchange would not appear to fit either category.


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DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.