Advisory Opinion: 1797

Year Issued: 1998

RPC(s): RPC 1.2(d); 8.4

Subject: Penalty for Fraudulent Eligibility Law; giving advice made illegal by statute

The Committee researched and reviewed your inquiry concerning the conflict of interest based upon the Penalty for Fraudulent Eligibility law [which makes it a crime to counsel or assist in the transfer of assets to become eligible for Medicare benefits] and determined the following:

The procedural rules of the RPC Committee do not allow the committee to issue opinions on questions of law. The rules prohibit the committee from giving an opinion as to the validity, applicability or constitutionality of the statute cited in the inquiry. RPC 8.4 and 1.2(d) should be considered by the lawyer regarding advice to clients.

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.