Advisory Opinion: 1769

Year Issued: 1997

RPC(s): RPC 1.2; 1.5; 7.3(a)

Subject: Professional independence; division of fees with nonlawyer; personal trust services company referring clients and collecting fee according to fee schedule

The Committee researched and reviewed your inquiry concerning legal representation of personal trust services' clients and determined that with regards to the fact situation presented in this inquiry, informal opinion 1747 and 1471 apply. In specific answer to the questions posed, the RPC Committee cannot give legal advice. Assuming the inquiry raises ethical issues, (a) [Is there any legal concern with the personal trust services company obtaining a fee agreement on behalf of the lawyer and collecting the fee before the lawyer meets the client?] yes, see RPC 5.4(b); (b) [Is there any legal concern with the personal trust services company referring clients to lawyers who agree to use the company's fee schedule?] yes, see RPC 1.2, 1.5 .7.3(a); but (c), (d), (e) all request legal questions which the Committee declines to answer.

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.