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Ethics in the Key of Referrals: Playing It Smart with Clients, Co-Counsel & Solicitation

Navigate lawyer advertising rules, client solicitation ethics, and fee-splitting requirements to build your practice while avoiding disciplinary pitfalls.

2025-09-23 15:30:00

Program Details

2025-09-23 15:30:00

2025-09-23 15:30:00

1h CLE Credits

Program Details

2025-09-23 15:30:00

Program Details

2025-09-23 15:30:00

Over 1,000+ webinars

2025-09-23 15:30:00

Course Overview

Navigating Ethics in Referrals and Advertising

2025-09-23 15:30:00

Participants will learn ethical rules governing lawyer advertising, client solicitation, and fee-splitting arrangements. These practical strategies help attorneys build thriving practices while maintaining professional responsibility compliance.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Advertising Rules
Rule 7.1 prohibits false or misleading communications about lawyers’ services.
02
Client Solicitation
Rule 7.3 prohibits live person-to-person contact when pecuniary gain motivates solicitation.
03
Fee-Splitting
Rule 1.5(e) requires written client consent and reasonable total fees.
04
Disclaimers
Prominent disclaimers prevent unintended attorney-client relationships and address confidentiality expectations.
05
Referral Vetting
Attorneys must verify licensure, disciplinary history, and competence before referring clients.
06
Joint Responsibility
Co-counsel arrangements create financial and ethical responsibility as if attorneys were partners.

Program schedule

clock 3:30 pm - 3:45 pm EST

Key Ethical Rules Governing Solicitation and Referrals

This session explores the foundational ABA Model Rules (1.5, 1.7, 5.4, and 7.1-7.3) that govern lawyer advertising, client solicitation, and referral arrangements. Participants will learn about truthful communication requirements established by Bates v. State Bar of Arizona and modern advertising compliance standards across jurisdictions.

Tracy L. Kepler.Tracy L. Kepler.
clock 3:45 pm - 4:00 pm EST

Risk Scenarios in Fee-Splitting and Co-Counsel Relationships

This session examines common pitfalls including inadvertent client formation, improper solicitation tactics, and confidentiality breaches in online communications. Attendees will analyze real disciplinary cases involving fee-splitting violations and learn how prospective client duties under Rule 1.18 create unexpected obligations.

Tracy L. Kepler.Tracy L. Kepler.
clock 4:00 pm - 4:15 pm EST

Structuring Ethical Referral and Co-Counsel Agreements

Participants will learn best practices for structuring fee-splitting arrangements that comply with Rule 1.5(e) requirements, including proportional division, written client consent, and joint responsibility standards. The session covers essential documentation elements, mentoring alternatives, and multi-jurisdictional considerations for co-counsel relationships.

Tracy L. Kepler.Tracy L. Kepler.
clock 4:15 pm - 4:30 pm EST

Red Flags and Proactive Risk Controls Implementation

This session focuses on due diligence protocols for vetting receiving attorneys, including licensure verification and disciplinary history review. Attendees will develop practical checklists for advertising compliance, malpractice coverage verification, and clear role clarification to prevent disciplinary action and reputational harm.

Tracy L. Kepler.Tracy L. Kepler.
Tracy L. Kepler.

Tracy L. Kepler.

CNA

Tracy L. Kepler.

Tracy L. Kepler.

CNA

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program, designing and developing content and distribution of risk control initiatives relevant to the practice of law. She collaborates with underwriting and claims teams and frequently lectures at bar associations and national seminars, also writing articles on law firm risk control and professional responsibility.

Education & Credentials

Graduate of Northwestern University in Evanston, Illinois; received her law degree from New England School of Law in Boston, Massachusetts.

Recognition & Leadership

Author of the Well-Being Report for the Institute for Well-Being in Law; frequent lecturer at state and local bar associations and national seminars; writes articles focusing on law firm risk control and professional responsibility issues.

Professional Involvement

Served as President and Board member of the National Organization of Bar Counsel (NOBC); Adjunct Professor at American University's Washington College of Law, Georgetown University Law Center, and Loyola School of Law teaching Legal Ethics; serves on the ABA's Commission on Lawyers Assistance Programs; Board member of the Institute for Well-Being in Law; Board Member of the Mindfulness in Law Society; Vice Chair of the ABA IPL Section's Attorney Well-Being Committee.

Experience

Nearly 20 years of experience in attorney regulation; served as Director of the ABA's Center for Professional Responsibility; Associate Solicitor in the Office of General Counsel for the U.S. Patent & Trademark Office focusing on patent/trademark practitioner disciplinary matters; Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission investigating and prosecuting attorney misconduct cases.
Tracy L. Kepler.

Tracy L. Kepler.

CNA

Tracy L. Kepler is the Risk Control Consulting Director for CNA’s Lawyers Insurance Program, designing and developing content and distribution of risk control initiatives relevant to the practice of law. She collaborates with underwriting and claims teams and frequently lectures at bar associations and national seminars, also writing articles on law firm risk control and professional responsibility.

Education & Credentials

Graduate of Northwestern University in Evanston, Illinois; received her law degree from New England School of Law in Boston, Massachusetts.

Recognition & Leadership

Author of the Well-Being Report for the Institute for Well-Being in Law; frequent lecturer at state and local bar associations and national seminars; writes articles focusing on law firm risk control and professional responsibility issues.

Professional Involvement

Served as President and Board member of the National Organization of Bar Counsel (NOBC); Adjunct Professor at American University's Washington College of Law, Georgetown University Law Center, and Loyola School of Law teaching Legal Ethics; serves on the ABA's Commission on Lawyers Assistance Programs; Board member of the Institute for Well-Being in Law; Board Member of the Mindfulness in Law Society; Vice Chair of the ABA IPL Section's Attorney Well-Being Committee.

Experience

Nearly 20 years of experience in attorney regulation; served as Director of the ABA's Center for Professional Responsibility; Associate Solicitor in the Office of General Counsel for the U.S. Patent & Trademark Office focusing on patent/trademark practitioner disciplinary matters; Senior Litigation Counsel for the Illinois Attorney Registration and Disciplinary Commission investigating and prosecuting attorney misconduct cases.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.0
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Pending
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Pending
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Pending
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Pending
Pennsylvania
Pending
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs