Can a lawyer prepare a trust on a referral from a trust company without ever contacting the client directly?
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This page answers the general question as of 1967. Ezel answers yours: whether it's allowed on your facts, under the current Florida Rules of Professional Conduct, with citations.
Plain-English summary
A lawyer asked whether he could prepare a trust for a client pursuant to a referral from a trust company without otherwise contacting the client. The committee concluded that, for the reasons stated in its companion Opinion 67-14, he may not. Opinion 67-14 had disapproved a lawyer preparing a deed at a real estate broker's request with no contact with the parties, on the ground that the lay intermediary's involvement removed the personal contact that should exist between attorney and client.
Currency note
This opinion was issued in July 1967, before The Florida Bar's adoption of the 2006 revisions to the Rules of Professional Conduct. It applied the former Canon 35 on lay intermediaries, following the reasoning of Opinion 67-14. The independence of a lawyer's professional judgment from a lay intermediary is now addressed by Rule 4-5.4 of the Rules Regulating The Florida Bar, and aiding the unauthorized practice of law by Rule 4-5.5 (Model Rules 5.4 and 5.5). Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against the current rules before relying on any specific requirement mentioned here.
Common questions
Q: Can a trust company refer a client to a lawyer who drafts the trust without meeting the client?
A: Under this opinion, no. The committee applied the rationale of Opinion 67-14 and concluded a lawyer may not prepare a trust on a trust company's referral without direct contact with the client.
Q: Why is direct client contact required?
A: Following Opinion 67-14, the committee treated the lay intermediary's involvement as removing the personal contact that should exist between attorney and client.
Background and rules framework
The opinion applied the former Canon 35 on lay intermediaries, following Opinion 67-14. The independence of a lawyer's professional judgment is now addressed by Rule 4-5.4 of the Rules Regulating The Florida Bar, with aiding the unauthorized practice of law at Rule 4-5.5; the Model Rule analogues are Rules 5.4 and 5.5.
Citations and references
Rules of Professional Conduct:
- Canon 35 [Canons of Professional Ethics; lay intermediaries]
Other opinions cited:
- Florida Opinion 67-14 (companion opinion supplying the rationale)
See also
- FL Bar Ethics Op. 67-14: Broker Employing a Lawyer to Prepare a Deed
- FL Bar Ethics Op. 69-25: Title Agent Disclosure, Not Solicitation
Source
- Landing page: https://www.floridabar.org/etopinions/etopinion-67-15/
- Original PDF: https://www-media.floridabar.org/uploads/2017/04/FL-Bar-Ethics-Op-67-15.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
FLORIDA BAR ETHICS OPINION
OPINION 67-15
July 24, 1967
Advisory ethics opinions are not binding.
The rationale of Opinion 67-14 precludes a lawyer from preparing a trust pursuant to a referral from a trust company in the absence of direct contact with the client.
Canon: 35
Opinion: 67-14
Chairman MacDonald stated the opinion of the committee:
A member of The Florida Bar inquires as to whether or not a lawyer may prepare a trust for a client pursuant to a referral from a trust company without otherwise contacting the client.
For the reasons indicated in our Opinion 67-14 we conclude that he may not.
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