Informal Opinion Number: 940002
QUESTION: Attorney has questions about several situations. (1) Client would obtain trust documents from a company which customizes them for client´s financial advisor firm. Attorney would review the document and approve it or suggest changes. (2) Attorney would be employed by the financial advisor firm and draft wills and trusts for its clients. (3) Financial advisor firm refers clients to Attorney just as any friend or former client might. (4) The financial advisor company would advertise that it has an attorney to handle certain matters for its clients. (5) Financial advisor company sets up a legal department to handle the legal affairs of the company and the company´s clients. ANSWER: (1) This raises concerns that Attorney would be assisting in the unauthorized practice of law in violation of Rule 5.5. Other problems may be raised if more details were provided. (2) This would involve assisting the unauthorized practice of law. There may be violations of Rule 7.3(b) regarding in person solicitation. There could be other problems depending on the specifics. (3) Referrals are acceptable as long as that is all that´s involved. No relationship other than that of attorney and client should exist. Rule 7.2(c) prohibits a lawyer from giving anything of value in exchange for a referral. (4) This would involve assisting the unauthorized practice of law. (5) This would be the unauthorized practice of law.
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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