Also known as:legal service plans · legal services plan · legal services plans · prepaid legal plan
Written by attorneys · grounded in primary & secondary sources — see below
A prepaid or group arrangement through which members obtain access to legal services from participating lawyers in exchange for a premium or subscription fee. The arrangement is operated by an organization independent of the lawyers who provide the services. Lawyers may join such plans and pay their usual charges without violating solicitation or referral rules when the plan markets to the general public rather than to individuals known to need representation in a specific matter.
Sources & Authorities
How it applies
Common Examples
2
Independent Plan Uses Mall Enrollment
Harbor Mutual bundles a group legal services plan operated by independent Metro Legal Plan with its auto policies. Metro's agents pitch the plan at mall kiosks to the general public without targeting people known to have specific claims. Carla, a personal injury lawyer on the panel, accepts matters generated by the enrollments. Because the plan is not owned or directed by Carla and the contacts do not focus on individuals known to need services in a particular matter, her participation complies with the rules.
Lawyer Pays Standard Plan Charges
DevShield Legal operates an independent prepaid plan for contract review and contracts with a tech workers' association to market subscriptions. CodeCraft Counsel joins the panel and pays the usual subscription charges for each matter referred through the plan. The payments are permitted because they constitute the ordinary fees charged by the plan rather than compensation for client recommendations.
Put it into practice
Test Yourself
10
Practice Questions5
· 2 primary sources
Select any source to read its text and confirm it supports the definition.
Model Codes
Hornbooks
Common questions
Frequently Asked
4
May a lawyer participate in a group legal service plan that uses in-person enrollment?+
Yes. A lawyer may participate in a prepaid or group legal service plan operated by an organization the lawyer does not own or direct even when the plan uses live person-to-person contact to enroll members, provided the contacts target people who are not known to need legal services in a particular matter covered by the plan.
Supporting sources
Does it matter whether the legal service plan is for-profit or nonprofit?+
No. The rules permit lawyer participation in both for-profit and nonprofit group legal service plans so long as the plan is not owned or directed by the lawyer and any live enrollment efforts reach only people not known to need services in a specific matter.
Supporting sources
What payments may a lawyer make to a legal service plan?+
A lawyer may pay the usual charges of a legal service plan. Such payments are distinguished from prohibited compensation for client recommendations because they represent the ordinary fees charged by the plan itself.
Supporting sources
When does enrollment activity by a legal service plan cross into prohibited solicitation?+
Enrollment crosses into prohibited solicitation when the plan or its agents target individuals known to need legal services in a particular matter covered by the plan. Generalized promotion to the public or to people without known specific disputes remains permitted.
Supporting sources
Professional ResponsibilityCommunications about legal services · Group legal servicesMPREFoundational