KBA E-377

Attorney wants to form Corporation X, which will provide mediation services, including domestic relations mediation, to the general public. Corporation X will have separate phone facilities - a separate phone and a separate address - apart from Attorney’ s law firm, although the mediation services would be provided by lawyers from Attorney’s firm.

Question 1: Will this violate SCR 3.020?

Answer: No.

Question 2: Will the use of a trade name by Corporation X violate the Rules of Professional Conduct?

Answer: No.

Question 3: Can Corporation X solicit mediation business from other attorneys, from insurance carriers, and from members of the general public?

Answer: Qualified Yes.

References: Indiana Op. 5 (1992); KBA E-335 (1989).

OPINION 

Mediation is not the practice of law, and does not violate SCR 3.020. Accord, Indiana Op. 5 (1992). Since Corporation X is not engaged in the practice of law, it may use a trade name. Indiana Op. 5 (1992). A mediator is not prohibited from soliciting business for his or her mediation service. However, an attorney who practices law and also engages in the delivery of medication services and who wishes to advertise and solicit mediation business must avoid violating Rules 7.01 - 7.60. Mediation, as defined for the purpose of this opinion, is defined to exclude specifically the giving of any legal advice in the course of such mediation. Advertisement of mediation services which identifies any participant as a lawyer shall mandate compliance with all advertising rules pursuant to SCR 3.130. Given the separateness of the entities, we think this can be accomplished.

We note that Attorney and Attorney’s firm must take care to avoid conflicts of interest. See Rules 1.7, 1.8, 1.9 and 2.2. Conflicts are addressed in KBA E-335 (1981) and in the Standards of Practice for Divorce and Family Mediation of the ABA (1984).

RICHARD H. UNDERWOOD

ETHICS COMMITTEE CHAIR

3/17/95