Informal Opinion Number: 990226

QUESTION: Attorney would like to accept a position with an insurance agency. Attorney would be on staff with the agency in a position that would not provide legal services. Attorney would speak at seminars hosted by the agency, and address topics such as probate, living trusts, living wills, joint tenancy and insurance trusts. Seminar attendees, agency clients and prospective clients would be made aware that the speaker is a licensed attorney. Attorney may also consult with agents and clients/prospective clients on other planning matters, such as buy-sell agreements. Attorney would recommend that clients/prospective clients seek their own independent counsel to implement any plan that Attorney might suggest as helpful to their situation. Attorney may also prepare and provide documents for the client to take and consult with their independent counsel. Attorney would provide a list of names of attorneys to clients and may recommend one in particular that Attorney believes would do the work inexpensively for client. Attorney will not charge a legal fee to clients/prospective clients whom Attorney meets through the agency. Attorney will be compensated by sharing in the commissions the agents earn generated from consultations in which the attorney participated. Attorney may also receive a base salary from the insurance company with the agency affiliated. Is this appropriate?
ANSWER: The activities of providing legal advice to the insurance company´s clients and providing draft documents for those clients would constitute assisting the insurance company in the unauthorized practice of law. Attorney may speak at general seminars, but Attorney may not provide legal advice to individuals or regarding specific situations. Attorney should read In re Mid-America Living Trust Associates, 927 S.W.2d 855 (Mo. banc 1996).

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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