Informal Opinion Number: 20040003

QUESTION: Attorney works in a non-attorney capacity for a Title Company with several Missouri offices. Attorney also practices law as an independent, general practitioner. Company receives requests for drafting documents not associated with the issuance of title insurance. Question 1: May Title Company refer those requests to attorney? Question 2: May attorney draft such documents in the capacity of solo practitioner, if compensated for all work directly by client and so long as client has a means to contact attorney directly? Question 3: May other Title Company employees act as intermediaries for relaying information, if Attorney supervises those individuals?
ANSWER: Question 1. Because Attorney works for the Title Company, referrals to Attorney would be in person solicitation prohibited by Rule 4-7.3(b). The Title Company could provide people with the names of several attorneys who do that type of work, including Attorney. Question 2. Yes. The attorney-client relationship must be direct between the attorney and client. Question 3. In order to supervise the individuals, Attorney would have to have control and authority over them. Attorney would have to be able to take remedial measures if they acted inappropriately. That does not seem likely if they are employed by another entity. Attorney should not use employees of the Title Company to convey any information that would be considered confidential under Rule 4-1.6.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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