Opinion 1789

Facts Presented: Lawyer represents a not-for-profit organization (a church). He would speak on behalf of the not-for-profit organization at various churches and, among other things, solicit potential donors who might make wills or trust gifts to the not-for-profit organization for whom he works. The lawyer proposes to meet with potential donors following his presentations. At such meetings he would represent only the not-for-profit organization and would explain the purposes of the organization and would offer assistance to the individual and the individual's attorney with regard to tax questions and charitable trust formation. He indicates that if he meets with individual potential donors, he would always identify himself as counsel for the organization and advise that they must seek independent advice from their own attorney.

Question Presented: Is such conduct permissible under the RPCs?

Applicable Rules: RPC 1.7 and 4.3

RPC Committee Opinion: Under the course of conduct which you propose, in which you would only represent the not-for-profit organization and only meet with potential donors in the presence of their separate counsel, and disclaim any representation of the potential donor, the Committee sees no impropriety under the RPCs.

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.