Q: Dear Ethics Lawyer, My good client Johnson recommended me to another prospect who has hired me for a major case. Can I properly give Johnson a nice gift certificate as a “thank you” for his recommendation?
A: Gratitude is almost always a good expression, but in this case the answer depends on your definition of “nice.” Model Rule 7.2(b) states that a lawyer shall not compensate, give or promise “anything of value to a person for recommending the lawyer’s services except that the lawyer may:…(5) give nominal gifts as an expression of appreciation that are neither intended nor reasonably expected to be a form of compensation for recommending a lawyer’s service.” A modest gift card not scaled to the level of a share of the fee earned from the case referred to you would fall within this standard, and be appropriate. A gift certificate for a weeklong river cruise in Europe with a private butler and complimentary wine service would not.