Attorney Referral Fees

Attorney Referral Fees 

• • • • Members of Fee Sharing Committee
      • Appointment memo
      • Committee Charge
      • Final Attorney Referral Fees Committee Report

• • • • April 24, 2018 Meeting Materials
      • May 30, 2018 Meeting Materials
      • June 20, 2018 Meeting Materials
      • September 10, 2018 Meeting Materials
      • December 20, 2018 Meeting Materials
      • January 25, 2019 Meeting Materials

* Items in bold with an asterisk have been added or updated since the previous meeting.

OSB History:

• • • • 2017 HOD Agenda – Amendment to ORCP 5.4(a)(5) and 7.2(b)(2)
      • OSB Futures Task Force Regulatory Committee – Report and Recommendations
      • OSB Futures Task Force Executive Summary
      • Regulatory Objectives (adopted by Conference of Chief Justices in 2016)
      • Proposed Amendments to Rules on Fee-Sharing with Lawyer Referral Services – Oregon State Bar Bulletin October 2017
      • OTLA letter to the Bar re HOD resolution

• • • • ORS Rule 9.510 Solicitation by attorneys:
        No attorney shall solicit business at factories, mills, hospitals or other places, or retain members of a firm or runners or solicitors for the purpose of obtaining business on account of personal injuries to any person, or for the purpose of bringing damage suits on account of personal injuries.

Legal Market Changes and Trends:

Articles:

• • • • Offering Flat-Fee, Limited-Scope Legal Help, New Site Sounds Like Avvo Legal Services, But with Key Differences
      • Avvo will improve lawyer-rating transparency, pay $50K fine in agreement with New York AG
      • Making Wills Easier and Cheaper With Do-It-Yourself Options
      • Avvo’s fixed-cost service to be discontinued by Internet Brands
      •  Juking Access to Justice to Deregulate the Legal Market
      •  Mapping The Obstacles To Innovation In Law
      •  Office Depot Legal Services is back
      •  After Repeated Attacks by Bar, Avvo Ends Popular Fixed-Fee Legal Services Portal
      •  Is Avvo’s fixed-cost service a fee-sharing violation?
      •  Do proposed ad and referral changes go too far, or not far enough?
      •  Launching Soon: ‘Text A Lawyer’ Aims To Be The Uber Of Legal Help
      •  3 ways to meet the “staggering” amount of unmet legal needs
      •  On-Demand Legal Providers Want to Put State Battles Behind Them
      • 5 top stats from the ABA’s report on the future of legal services
      • Things to Know About the Legal Consumer in 2017 
      • Millennials Are a New Breed of Legal Consumers, Requiring New Strategies
      • LawGeex – The In-House Counsel’s LegalTech Buyer’s Guide – 2018 Edition
      • Amazon LLP: If Amazon ran a law firm, what would it look like?
      • Confusing conversations about clients

Surveys:

• • • • People looking for a lawyer are turning to the Internet first, survey finds
      • The Verdict Is In: Internet Searches Gaining Traction In Legal Referrals

Reports:

• • • • American Bar Association Rule Amendment – Rules 7.1 – 7.5
      •  California State Bar Study of Online Delivery of Legal Services – Discussion of Preliminary Landscape Analysis
      • Client-Lawyer Matching Services Study of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois
      • Complaints Received by the Department of Justice Consumer Protection Hotline
      • Thompson Reuters’ 2018 Report on the State of the Legal Market: Transformation of Legal Services Market is Accelerating — Are Law Firms Ready?
      • Clio’s 2017 Legal Trends Report (specifically the section on “The Cost of Acquiring a Client). Or, for a shorter version, see the Executive Summary.
      • The Legal Services Corporation’s 2017 Justice Gap Report (or Executive Summary)
      • The ABA’s 2016 Report on the Future of Legal Services (or Executive Summary)
      • Daniel Katz’s slides from his recent ABA Techshow 2018 Keynote

Blogs:

• • • • Pay-Per-Action, Legal Edition – Josh King
      • Legal Services and the Consumer Price Index – Bill Henderson
      • The Decline of the People Law Sector – Bill Henderson
      • Me Being Wrong (More BS) – Casey Flaherty
      • My legal tech invention: the Magic Money Machine – Casey Flaherty
      • Jordan Furlong’sblog
      • Bruce MacEwan’s blog
      • Gillian Hadfield’s blog

Emerging ethics issues/analysis:

• • • • Ethics Opinions Related to Avvo Legal Services – Alberto Bernabe
      • The Cost of Law: Promoting Access to Justice through the Corporate Practice of Law – Gillian K. Hadfield

Anti-trust issues/Cases of Note:

• • • • North Carolina State Board of Dental Examiners v. Federal Trade Commission, 135 S.Ct. 1101 (2015).
      • TIKD Services v. The Florida Bar
      • Legal Zoom v. North Carolina State Bar
      • LegalForce RAPC v. Legal Zoom and State Bar of California, State Bar of Arizona and State Bar of Texas

Other bar responses:

• • • • Illinois
        • • • Illinois disciplinary agency publishes comprehensive report recommending changes to the rules and the creation of a new regulatory system to allow lawyers to participate in for profit referral services and other “matching” services
            • Illinois Disciplinary Body Calls for Loosening Rules on For-Profit Referral Services
            • Client Lawyer Matching Services Study of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois
      • • New Jersey
          • • • New Jersey Ethics Opinion 2017-732
              • ABA Journal article outlining the NJ Opinion
              • Professional Responsibility Blog
      • New York
        • • • New York Ethics Opinion No. 1132
            • A commentator’s reaction to the NY Opinion
      • North Carolina
      •  Ohio
        • • • Ohio Ethics Opinion No. 16-3
      • South Carolina
        • • • South Carolina Ethics Opinion No. 16-06
      • Pennsylvania
        • • • Pennsylvania Ethics Opinion 2016-200
      • Washington

Alternative Legal Service Providers:

• • • • Avvo Legal Services Walk-Through

Podcasts:

• • • • The Lawyerist Podcast
      • Patrick Palace episode & Megan Zavieh episode
      • The Gillian Hadfieldepisode of the UnprecedentedPodcast
      • Building New Law podcast
      • Jordan Furlong episodes (Part 1, Part 2)
      • George Beaton episodes (Part 1, Part 2)

Futures Task Force Adobe Connect Recordings:

• • • • February 13, 2017
      • April 20, 2017

For more background information:
Books:

• • • • Law is a Buyer’s Market by Jordan Furlong (Kindle, Print)
      • Tomorrowland: Scenarios for law firms beyond the horizon by Bruce MacEwan. (Amazon)
      • Tomorrow’s Lawyers: An Introduction to Your Future by Richard Susskind (Amazon)
      • Rules for a Flat World: Why Humans Invented Law and How to Reinvent It for a Complex Global Economy by Gillian Hadfield (Amazon)
      • Remaking Law Firms by George Beaton (Amazon)