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?"
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.