Opinion 1396

The Committee reviewed your inquiry concerning possible conflicts between your employment as an "Advanced Underwriter" with a life insurance company and your private law practice. The Committee had a number of concerns regarding your proposal. Regarding your specific inquiries as to your acknowledgement form, the Committee was of the opinion that the [form] does not fully disclose the potential conflicts as required by RPC 1.8. The Committee was also concerned that the language regarding past and future sales may be misleading as it inferred that you were in fact involved in past and future sales of insurance.
The Committee was further of the opinion that your involvement in the sales of insurance might affect your independent judgment in violation of RPC 1.8(f).
In addition, the Committee was of the opinion that the referral of prospective insurance customers was something of value for which you received referrals to your law practice, which would violate RPC 7.2(c).
Finally, the Committee was of the opinion that the proposed division of fees would violate RPC 5.4(c).

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.