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OBA Ethics Counsel

Ethics Opinion No. 107

Adopted March 27, 1936

The Board is in receipt of the following inquiry:

"Is it permissible for a member of the bar to divide fees or commissions earned on collections forwarded either by a collection agency or received as a subscriber of a law list, with such collection agency or law list?"

In response:

On March 4th, 1936, the Supreme Court approved an amendment to rule 36, suggested by the Board of Governors, so that the rule as amended now reads:

"No division of fees for legal services is proper, except with another lawyer, based upon a division of service or responsibility.

The sharing of commissions between a forwarder of collections who is not a member of the bar and a receiver thereof who is a member of the bar, is condemned as being interdicted by this rule."

Under its plain provisions the inquiry must be answered in the negative.