QUESTION: Attorney practices exclusively in Social Security Disability. Long-term disability insurance providers refer clients to Attorney and pay the attorney fees. The policies require that Clients refund to the insurance company past due benefits (overpayments) paid by Social Security. May Attorney obtain an agreement from the clients that they would release the overpayments to Attorney who would then pay the insurance company and refund the remainder to the client?

ANSWER: Attorney can proceed in the manner proposed. Attorney must comply with Rule 4-1.8(f) regarding third party payments. Attorney must also obtain "consent after consultation" regarding the "overpayment" procedure." "Consultation" is defined in Rule 4-9.1. It may be difficult to obtain consent after consultation from some clients with disabilities.

QUESTION: Several attorneys wish to form a partnership. Within the partnership will be professional corporations and limited liability companies. (1) May the letterhead only reflect the partnership name without referencing the professional corporations or limited liability companies? (2) Would it be OK if the partnership name is used and the professional corporations and limited liability companies are otherwise identified on the letterhead? (3) May a law firm be a limited liability company? ANSWER: (1) No. (2) Yes. (3) Yes.

QUESTION: May Attorney´s firm reorganize from a partnership to a limited liability company? ANSWER: Yes, after the changes to Rules 4-5.4 and 4-9.1 become effective on January 1, 1994.