IBA Annual Conference Rome 2018

7 Oct - 12 Oct 2018

Session Room G, Level -1

Session information

Referral fees and alternative structures
Session Room G, Level -1

Committee(s)

Alternative and New Law Business Structures Committee (Lead)
Closely Held Companies Committee
Professional Ethics Committee

Description

This the second session in the two-part series, following the first session titled “Referral fees across the globe”. The session will discuss the online delivery of legal services as a growing business model, the ethical issues that arise and whether those issues can be overcome to make it a viable alternative business structure. The traditional model for the delivery of private legal services has been through the law firm structure, whether solo practitioner or thousand-plus member international firm. That is being challenged with the growth of online entities, owned wholly or part by non-lawyers, that provide legal forms (interactive and otherwise), fixed-fee services and opportunities for the referral of clients to lawyers who register with such companies. These are not limited to one jurisdiction. Ethical issues are raised with regard to their business model: are they receiving legitimate ‘management fees’ or are they nothing more than unethical referral fees? How do these companies handle conflicts of interest, funds held in trust and confidentiality? Several states in the United States have barred lawyers from participating in such entities where the company is paid, remits the lawyers fee to the lawyer, and either retains or is repaid a percentage of the fee. This panel will explore this growing business, associated ethical issues and the situation in different jurisdictions.

Session / Workshop Chair(s)

Isobelle Watts Clayton Utz, Sydney, New South Wales, Australia; Newsletter Officer, Alternative and New Law Business Structures Committee

Speakers

Tracey Calvert Oakalls Consultancy, Devon , England; Newsletter Officer, Professional Ethics Committee
Shelley Dunstone Legal Circles, Adelaide, South Australia, Australia; Co-Vice Chair , Senior Lawyers' Committee
Donald Johnston Aird & Berlis LLP, Toronto, Ontario, Canada; Secretary-Treasurer, Alternative and New Law Business Structures Committee
Steven Richman American Bar Association, Washington, District of Columbia, USA; BIC Officer