Informal Opinion Number: 940036
QUESTION: Are there rule violations if: (1) a lay company prepares estate planning documents including living trusts and wills; (2) an independent contractor, who is not an attorney, makes the documents available to clients, takes the information from the clients, explains and recommends the documents to the clients and submits the information to the lay company; (3) the lay company prepares a set of documents which are returned to the client; (4) the client pays the independent contractor at the time of the sale and also writes a check for an attorney who works with the lay company; (5) an attorney receives the drafted living trust and prepares an opinion letter which is sent to the client; (6) the attorney does not give an opinion on the will and may or may not prepare documents to fund the living trust. ANSWER: (1) This would constitute the unauthorized practice of law. (2) and (3) Each would be engaging in the unauthorized practice of law and aiding and abetting the other in the unauthorized practice of law. (4), (5) and (6) This would be the unauthorized practice of law and assisting the unauthorized practice of law by the lay company and the independent contractor. It would be assisting the unauthorized practice by the attorney. The attorney would also be violating Rules 4-5.4 and 4-7.3(b) as a result of the solicitation.
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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