IRTA Gains Favorable Opinion On Lawyers Bartering
On October 29, 2010, the North Carolina Bar Association approved a
favorable opinion which allows lawyers in North Carolina to
participate in barter/trade exchanges, subject to the following
1) The barter exchange exercises no influence over the judgment of
2) The barter exchange's listings and advertising for the
lawyers are truthful.
3) The barter exchange accurately discloses which states the lawyer
is licensed to practice in.
4) The barter exchange provides a complete and impartial list of all
participating lawyers in the exchange and does not restrict the
number of lawyers in the exchange.
5) The barter exchange does not do "in person" solicitations of
members by the barter exchange manager or broker on behalf of a
exchange member lawyer.
6) Advance payments for litigation expenses or other expenses
of representation must be paid in cash, check or credit card, since
Rule 1.15 requires a lawyer to deposit such funds in a trust account
and barter dollars cannot be deposited into a bank trust account.
In the future, IRTA will use this opinion to persuade those few
State Bar Associations who have a negative opinion on this matter to
reverse their anti-barter exchange stand.
Questions may be directed to
IRTA Executive Director Ron Whitney at (757) 393-2292 or