Advisory Opinion:
1771
Year Issued:
1997
RPC(s):
RPC 1.7(a); 1.7(b); 7.2(c)
Subject:
Lawyer employed by nonprofit corporation providing consultations in charitable trusts with potential donors to nonprofit in exchange for donation
[Your inquiry concerned] your employment by a nonprofit corporation to provide services in the area of development. These services include your speaking at churches throughout the state. Part of the purpose of these speaking engagements is to encourage financial participation by church member, both through an offering that would be taken up and long-term relationships, through monthly or other periodic support. In addition, you may be discussing charitable trusts and other major donations with wealthy donors. You would be referring these donors to their own lawyers for either preparation or review of documents. You would not prepare any documents making gifts to the organization for persons [who] would be your clients. You suggest that you would provide free consultations in the area of estate planning, trusts, wills and probate following your speaking engagements. For this free consultation, a donation to the nonprofit organization which retains you would be suggested. An alternative to the suggested donation could be a $25 charge for the appointment, which you would then contribute to the nonprofit organization.
The RPC Committee decide that the situation as you described is in violation of RPC 7.2(c), as it would be impossible for these arrangements to be made without creating the appearance that the nonprofit corporation was recommending your services. The proposed arrangement would create a conflict under RPC 1.7(a) between your client, the nonprofit corporation, and any individuals with whom you consulted as clients about possible donations. In addition, a conflict under RPC 1.7(b) may be created, depending upon the extent to which your personal interests in supporting the nonprofit corporation's activities may affect your representation of the individual potential donors.
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