Advisory Opinion: 1471

Year Issued: 1992

RPC(s): RPC 5.3; 5.4; 5.5; 7.2; 7.3

Subject: Association with nonlawyer; division of fees with nonlawyer; assisting unauthorized practice; lawyer representing living trust company and receiving referrals from company

As you were present during the Committee's discussion, you are generally aware of the Committee's opinion in this matter regarding a proposal made to you by a company marketing financial services, including living trusts. [The lawyer would consult with the company's employees about estate planning documents and also receive referrals of clients who wanted a living trust. The Committee was of the opinion that as proposed, the actions of the lawyer involved with the agents and representatives of the company who are non-lawyers might be in violation of RPC 5.3(c) regarding responsibility for the conduct of non-lawyer assistants; 5.4(a) regarding sharing of legal fees with non-lawyers; 5.4(b) regarding partnership with non-lawyers; 5.4(c) regarding payment for recommendations; 5.5(b) to the extent the activities of the company might involve the unauthorized practice of law; 7.2(c) regarding payment for recommendation of services; and 7.3(a) regarding solicitation.

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.