930123 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 930123

Rules: 5.4;5.5

Law Firms and Associations

Professional Independence of a Lawyer

QUESTION: Company sets up a seminar on living trusts. An attorney presents legal information and answers questions. Complimentary consultations would be set up on request but not necessarily with the same attorney. The consulting attorney evaluates the client´s needs and prepares any necessary documents. Fees are pre-determined but may be lowered. Fees are paid to the attorney who pays the company for the seminar cost and secretarial support which amounts to approximately two thirds of the fee. All legal work and advice are provided by consulting attorney or associate. Company provides an office for attorney to meet with clients. There is a management agreement. ANSWER: No problem with attorneys being from different firms or with the company providing an office. However, it appears that fee splitting is occurring and that, therefore, concerns exist related to the unauthorized practice of law. There would be a problem with the management agreement if it contains anything similar to a covenant not to compete.

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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