Advisory Opinion: 836

Year Issued: 1985

RPC(s):

Subject: Conflict of interest; lawyer giving legal advice to clients of financial planner who is lawyer's client


The Code of Professional Responsibility Committee reviewed your inquiry regarding your proposed relationship with a financial advisor and his clients. [The clients would be purchasing a living trust from the financial advisor]. The Committee determined that, based upon the facts before them, it could not render an opinion. It has requested that you submit additional evidence for further consideration by the Committee.

It was not clear from your inquiry who your client would be. If your client is the financial advisor, then the Committee was of the opinion that you could not give advice to his clients, and that you must make full disclosure to his clients that you would not be acting as their lawyer. The Committee also wanted further information regarding the services you would be providing, how you would be paid, how many lawyers would be involved, and what form of fee agreement you proposed using.

[Editor's Note: The Code of Professional Responsibility was superseded by the Rules of Professional Conduct after this opinion was issued.]

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Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.