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

2025-09-23 15:30:00

2025-09-23 15:30:00

1 Credits

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

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

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Live stream programs

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Access to live webinars & recordings

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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

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn the ethical rules governing lawyer advertising, client solicitation, referral arrangements, and co-counsel relationships under the ABA Model Rules of Professional Conduct.

What will you gain

Attorneys will gain practical strategies for building a thriving practice while maintaining compliance with professional responsibility obligations and avoiding disciplinary action.

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

What will you learn

Attorneys will learn the ethical rules governing lawyer advertising, client solicitation, referral arrangements, and co-counsel relationships under the ABA Model Rules of Professional Conduct.

What will you gain

Attorneys will gain practical strategies for building a thriving practice while maintaining compliance with professional responsibility obligations and avoiding disciplinary action.

Agenda

Session 1

Key Ethical Rules Governing Solicitation and Referrals

Session 2

Risk Scenarios in Fee-Splitting and Co-Counsel Relationships

Session 3

Structuring Ethical Referral and Co-Counsel Agreements

Session 4

Red Flags and Proactive Risk Controls Implementation

clock 3:30 pm - 3:45 pm EST

Key Ethical Rules Governing Solicitation and Referrals

Tracy L. Kepler

CNA

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

CNA

clock 3:45 pm - 4:00 pm EST

Risk Scenarios in Fee-Splitting and Co-Counsel Relationships

Tracy L. Kepler

CNA

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

CNA

clock 4:00 pm - 4:15 pm EST

Structuring Ethical Referral and Co-Counsel Agreements

Tracy L. Kepler

CNA

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

CNA

clock 4:15 pm - 4:30 pm EST

Red Flags and Proactive Risk Controls Implementation

Tracy L. Kepler

CNA

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

CNA

01 04
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Tracy L. Kepler

CNA

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

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.

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Special credits (Ethics, Elimination
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Why Attend

Why this 
program matters

Understanding ethics in lawyer advertising, client solicitation, referral arrangements, and co-counsel relationships is critical to avoiding disciplinary action, malpractice claims, and ensuring compliant client development strategies.
17%
Of disciplinary actions are linked to attorney advertising rule violations according to the American Bar Association.
82%
Of malpractice claims in the 2020-2023 ABA Study resulted in no payment, highlighting proper risk management importance.
80%
Of law firms use social media as a marketing tool according to the ABA 2024 Websites and Marketing TechReport.
1.6%
Increase in estate trust and probate malpractice claims per the ABA Standing Committee on Lawyers’ Professional Liability report.

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