Opinion 1606

The Committee discussed your inquiry regarding the solicitation of clients in your role as an insurance sales agent. The rules against improper solicitation, including RPC 7.1, 7.2 and 7.3 apply.

You cannot undertake legal representation of the people you meet going door-to-door selling insurance. Further, if you identify yourself as an attorney, either on your business card or in another way while soliciting door-to-door as an insurance agent, then you have an affirmative duty to fully disclose to the people you meet that you are not acting as an attorney and that RPC 7.3(a) and 8.4(c) bar you from acting as their attorney. RPC 7.3(a) prohibits direct contact with prospective clients when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. The Committee was divided on whether the Rules of Professional Conduct prohibit you from distributing business cards printed with "Attorney at Law" while you are soliciting door-to-door as an insurance agent.

It is the Committee's opinion that while the rules do not prohibit practicing law while selling insurance, the risk of violating the Rules of Professional Conduct is high. The Committee refers you to Informal Opinion No. 1585.

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.