Ethics Opinions
Iowa Supreme Court Board of Professional Ethics and Conduct

Date of Opinion: 03/08/2005

Opinion Number: 05-05

Title: REFERRAL SERVICES: AMERICAN IMMIGRATION LAWYERS ASSOCIATION

Opinion: You are a member of the American Immigration Lawyers Association (“AILA”). This organization conducts a referral service known as the Immigration Lawyer Referral Service (“ILRS”). As an immigration law practitioner, you ask whether an Iowa lawyer’s participation in ILRS would be permitted by the Iowa Code of Professional Responsibility for Lawyers. In particular, you ask the Board to find that participation in ILRS does not violate DR 2–103(C)(2). This rule provides, in relevant part:

A lawyer shall not request a person or organization to recommend or promote the use of the lawyer’s services … as a private practitioner, except as authorized in DR 2–101, except that:
. . . .

(2) The Iowa Supreme Court Board of Professional Ethics and Conduct … may authorize participation and directory listing by Iowa lawyers in an organization or association of lawyers engaged in a particular area of practice, upon a showing to the satisfaction of the board of all of the following:

(a) All Iowa participants have complied with the requirements of DR 2–105.

(b) Participation is based upon meeting stated high standards of professionalism and competence in the area of practice.

(c) The organization or association regularly conducts training or professional learning and exchange concerning the area of practice involved.

(d) Neither the organization or association nor anyone other than the Iowa lawyer has any part in or share in the conduct or practice of law in the area of practice of law involved and does not participate in any way in fees charged by the Iowa participant.

You have presented documentation supporting the finding that ILRS meets the requirements of paragraphs (b) through (d) of DR 2–103(C)(2). As to paragraph (a), however, ILRS requires only that participants “within the last year, have completed a minimum of 6 hours of Continuing Legal Education (CLE) in immigration law.” Compliance with DR 2–105, on the other hand, requires at least ten hours of continuing legal education.

DR 2–103(C)(2)(a) is not the only impediment to your participation in ILRS. A more serious problem is posed by DR 2–103(B):

A lawyer shall not compensate or give anything of value to a person or organization to recommend or secure 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).

ILRS is plainly not an organization listed in DR 2–103(D) (listing such entities as legal aid, public defender, and military legal assistance offices, and bar association referral services).

According to materials provided by ILRS that you included with your opinion request, a member of AILA may join ILRS and “start receiving client referrals right away” for the “low Member rate of $95.” The service is described as working this way:

Persons in need of an immigration lawyer call 1-800 ________ or enter via the AILA public web site to reach an AILA Information Specialist. The caller will receive one referral for an immigration lawyer that provides the specific service needed in the caller’s geographic area. The lawyer who is referred will be notified by the Information Specialist, and his or her name will be placed at the end of the queue.

This arrangement calls for AILA lawyers to give something of value (an annual fee of $95) for referrals, and thus is contrary to DR 2–103(B).

It is the opinion of the Board that participation by an Iowa lawyer in AILA’s referral service is not permitted by the Iowa Code of Professional Responsibility for Lawyers.