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[Editor's Note: The Code of Professional Responsibility was superseded by the Rules of Professional Conduct after this opinion was issued.]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