Advisory Opinion: 1695

Year Issued: 1997

RPC(s): RPC 1.6; 1.7(b); 5.3; 5.4(a); 5.4(b); 5.4(c), 5.5(b); 7.2(c); 7.3

Subject: Lawyer employed by financial planning firm to perform work for firm's clients; office sharing with nonlawyers; referrals

[Under the first scenario, the attorney, as an employee of a financial planning firm, reviews existing wills and trusts of the firm's clients and proposes language to make the documents consistent with the financial plan developed by the firm.] With respect to the arrangement described in the first scenario involving employment of an attorney by a financial planning firm: The Committee cannot perceive any method by which you may proceed without violating 5.5(b), and there is a clear question of whether RPC 1.6, 1.7(b), 5.4(a)(c), 7.2(c) and 7.3 would be violated as well.

[The second scenario proposed that the lawyer share office space with the financial planning firm but the financial planning firm would not share the lawyer's fees or have an ownership interest in the law firm. The financial planning firm would refer clients to the lawyer.] With respect to the arrangement described in the second scenario, you may have the association you described. You may share office space and support staff, but must at all times be mindful of RPC 1.6, 5.3, 5.4(b)(c), 7.2(c), and 7.3 and maintain separate identities.

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.