Mari Jo Clark, of the Clark Litigation Offices, which focuses mostly on bankruptcy law and has locations in Phoenix, Mesa, and Glendale, has been accused by a former employee of fee splitting with a non-attorney and has been reported to the State Bar of Arizona as a result. The practice of an attorney financially giving partners, workers, or other individuals a portion of their normal and usual fees is the unethical and unlawful practice known as “fee sharing.” According to the model rule 5.4(a) of the American Bar Association, a “lawyer or law firm must not split legal costs with a non-lawyer.” This rule makes this point very plain. This limitation on fee sharing applies to the direct distribution of fees at the same time as the attorney or law firm is receiving them. Rule 7.2(b) of the American Bar Association says unequivocally that a “legal must not provide anything of value to a person for endorsing the lawyer’s services.” This is the second rule that has been established. The former worker, who wishes to remain anonymous, claims that Mari Jo Clark compensates both her sales person to sell clients on the firm and her chapter 13 bankruptcy clerks a percentage of the fees generated by their efforts to get clients’ filings approved with the bankruptcy court for the firm. The former employee also states that Mari Jo Clark compensates her sales person to sell clients on the firm. The term “fee splitting” is the one that is used to refer to this dishonest practice the most often. This form of unethical behavior is often associated with “running and capping,” which is a practice in which staff of legal firms recruit customers in return for monetary compensation. While it is permissible for lawyers and law firms to reward non-lawyer colleagues based on the overall profitability of the business, it is not permissible for them to do so based on a proportion of earnings from any one individual case or transaction. Anyone with information or knowledge of the unethical practices of mari jo clark or clark law offices is encouraged to contact the arizona state bar association by calling 602-252-4804 (from within maricopa county) or 1-866-482-9227 (toll-free outside maricopa county) or by sending written communication to state bar association of arizona, staff bar counsel, 4201n.24th st, Phoenix, AZ 85042. the former employee has already provided the Ms. Clark did not want to comment on these charges, so she chose not to.
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