When are we going to take a hard look at attorney referral fees which are legal in many states but are nothing more that kickbacks for referring business to them?
Lawyers are regulated by State Bars, which are usually extensions of the State Supreme Court. Referral fees are one of the many areas of lawyer conduct that is stringently regulated.
Consequently, there is nothing at which \”we\” need to look, as a regulatory system has long been in place.
To say State Bar Associations stringently regulate attorney\’s actions and thereby protect the public interest is analagous to saying the foxes stringently look after the well being of the chickens.
Bar associations are some of the largest and most powerfull \”old boy\” networks in this county. They look after their own and take action against a fellow attorney only after the most heinous behavior makes the news and forces them to take action.
\”Referral fees\” by any other name are kickbacks. Every other profession recogonizes this and considers them unethical and contrary to the public good.
If the Bar Associations will not step up to the plate and demand an end to this practice and ethical behavior of their members, the public should! \”We\” refers to the public.
\”The public\” has no legitimate point of entry into uniquely private transactions that have no effect upon any person outside of those involved in the transaction. An attorney-client relationship is a prime example.
The \”public interest\” is in maintaining the highest possible level of professionalism, and requiring technical expertise by those who become licensed to practice law within a jurisdiction. In those respects, the \”public interest\” is represented by State Bar Associations and by State Supreme Courts that regulate attorney education, conduct, and discipline. Disciplinary records in many jurisdictions are public records, so the marketplace itself serves as another source of regulation.
Referral fees paid to attorneys by other attorneys, are subject to regulation by State Bar Associations, and hence, by State Supreme Courts. The circumstances under which they may be paid, and their amount, are circumscribed and delimited, a fact of which you may be unaware. Many jurisdictions require express disclosures to the client concerning the payment of referral fees, including the written authorization by the client of the proposed distribution of a recovery.
Referral fees paid by attorneys to non-attorneys are unlawful everywhere, as they should be.
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When are we going to take a hard look at attorney referral fees which are legal in many states but are nothing more that kickbacks for referring business to them?
Lawyers are regulated by State Bars, which are usually extensions of the State Supreme Court. Referral fees are one of the many areas of lawyer conduct that is stringently regulated.
Consequently, there is nothing at which \”we\” need to look, as a regulatory system has long been in place.
To say State Bar Associations stringently regulate attorney\’s actions and thereby protect the public interest is analagous to saying the foxes stringently look after the well being of the chickens.
Bar associations are some of the largest and most powerfull \”old boy\” networks in this county. They look after their own and take action against a fellow attorney only after the most heinous behavior makes the news and forces them to take action.
\”Referral fees\” by any other name are kickbacks. Every other profession recogonizes this and considers them unethical and contrary to the public good.
If the Bar Associations will not step up to the plate and demand an end to this practice and ethical behavior of their members, the public should! \”We\” refers to the public.
\”The public\” has no legitimate point of entry into uniquely private transactions that have no effect upon any person outside of those involved in the transaction. An attorney-client relationship is a prime example.
The \”public interest\” is in maintaining the highest possible level of professionalism, and requiring technical expertise by those who become licensed to practice law within a jurisdiction. In those respects, the \”public interest\” is represented by State Bar Associations and by State Supreme Courts that regulate attorney education, conduct, and discipline. Disciplinary records in many jurisdictions are public records, so the marketplace itself serves as another source of regulation.
Referral fees paid to attorneys by other attorneys, are subject to regulation by State Bar Associations, and hence, by State Supreme Courts. The circumstances under which they may be paid, and their amount, are circumscribed and delimited, a fact of which you may be unaware. Many jurisdictions require express disclosures to the client concerning the payment of referral fees, including the written authorization by the client of the proposed distribution of a recovery.
Referral fees paid by attorneys to non-attorneys are unlawful everywhere, as they should be.