Opinion 1599

The Committee reviewed your inquiry concerning conducting a law business and also acting as an insurance adjuster. It is the Committee's opinion that while it is possible to ethically maintain dual professions, the risk of violating the Rules of Professional Conduct is high.

When engaging in more than one business, you must be mindful of RPC 1.6, 1.7, 1.8. Pursuant to RPC 1.6, client confidences and secrets must be preserved, and you must make clear to your clients when an attorney/client relationship exists and when it does not. When you are known in the community as an attorney, you have an affirmative duty to disclose in what capacity you are acting.

You must separate your law practice from the other business sufficiently so that the two do not appear to operate together or to be related in any way. The rules against improper solicitation, including RPC 7.1, 7.2 and 7.3 also apply. You cannot represent the same client both in your role as an attorney and as an insurance adjuster.

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.