Q: Dear Ethics Lawyer, My good client Johnson recommended me to another prospect who has hired me for a major case. Can I properly give Johnson a nice gift certificate as a “thank you” for his recommendation?

A: Gratitude is almost always a good expression, but in this case the answer depends on your definition of “nice.” Model Rule 7.2(b) states that a lawyer shall not compensate, give or promise “anything of value to a person for recommending the lawyer’s services except that the lawyer may:…(5) give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s service.” A modest gift card not scaled to the level of a share of the fee earned from the case referred to you would fall within this standard, and be appropriate. A gift certificate for a weeklong river cruise in Europe with a private butler and complimentary wine service would not.

Photo of Mark Hinderks Mark Hinderks

Mark Hinderks brings decades of experience as a trial lawyer, firm general counsel, and managing partner. He is a Fellow of the American College of Trial Lawyers and has presented more than 125 programs on legal ethics over 30 years.

Mark is the…

Mark Hinderks brings decades of experience as a trial lawyer, firm general counsel, and managing partner. He is a Fellow of the American College of Trial Lawyers and has presented more than 125 programs on legal ethics over 30 years.

Mark is the co-founder of “Ethics for Good,” a twice-annual stage show that uses humor and real-world scenarios to teach legal ethics, raising approximately $850,000 for charities and scholarships since 2000. He has chaired the American College of Trial Lawyers’ National Standing Committee on the Attorney Client Relationship and has been a member of the Kansas Bar Association’s Professional Ethics Advisory Committee since 1997.

Have a question for a future column? Submit it to mark.hinderks@stinson.com.