Ferris, Thompson, and Zweig, LTD. v. Esposito

(Court opinion corrected 8/11/16.) Plaintiff referred workers' compensation clients to Defendant in exchange for a portion of the attorney fees. When Defendant stopped making payments Plaintiff sued. Court granted Defendant's motion to dismiss, because the agreements did not comply with Rule 1.5(e)(1) of the Illinois Rules of Professional Conduct in that they did not expressly state that the parties assumed “joint financial responsibility” in representing the clients. Court incorrectly granted motion to dismiss. An argument could be made that the term “joint financial responsibility” must be contained in a written referral agreement, but Plaintiff presented a prima facie case of error. (McLAREN and HUDSON, concurring.)