1846
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| Lawyers may not join a lead-sharing organization in which membership "is often dependent on the number of leads a member passes," because: such "reciprocal" referrals amounts to a "quid pro quo payment for services" in violation of the prohibition on providing something of value in return for a referral (and possibly in violation of § 54.1-3939's and § 54.1-3941's ban on "running and capping," as explained in a 12/7/10 letter from Virginia's Attorney General); such participation puts the client's interest at risk because the lawyer "may be obligated to refer a client to a particular member specialist when a non-member specialist may be better suited to meet the client's needs"; the lawyer faces a personal conflict of interest because the lawyer may not feel free "to choose the most appropriate specialty provider for a client"; "[t]he mere disclosure of a client's name and specific need in certain circumstances may be enough to violate the Rule without consent of the client." A lawyer may own an interest in a company that is such a lead-sharing organization "as long as the lawyer is not a member." Lawyers may also engage in voluntary referrals to other lawyers and professionals, but may not join "a hypothetical organization which bases membership on the commitment to provide referrals." (2/2/09; revised 12/29/10) |