Ezel / Ethics Opinions / MOLEC

May a lawyer offer discounted estate planning if a client leaves part of the estate to a nonprofit?

Short answer Yes. The opinion permits the discount if the lawyer fully discloses the lawyer’s relationship with the nonprofit and provides objective advice about the client’s options and their effects.
Bar
MOLEC
Issued
2006

Apply this to your situation

This page answers the general question as of 2006. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2006
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer proposed free or reduced-cost estate planning for clients who leave part of their estates to a nonprofit organization.

The opinion permits a discount. It requires clear and full disclosure of the lawyer’s relationship with the organization and objective advice and consultation about the clients’ choices and their effects.

In practice

The opinion conditions the proposed discounted service on disclosure of the lawyer’s nonprofit relationship and objective advice to the estate-planning client.

Common questions

Q: Is a discount tied to a nonprofit bequest permissible?

A: Yes. The opinion expressly permits the discount.

Q: What must the lawyer disclose?

A: The lawyer’s relationship with the nonprofit must be clearly and fully disclosed.

Q: What advice does the opinion require?

A: Objective advice and consultation about the client’s options and the effects of the client’s choices.

Background and rules framework

The published answer sets disclosure and objective-advice conditions but cites no numbered rule.

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Can Attorney tell a client that Attorney will provide free or reduced cost estate planning services to a client who leaves a portion of their estate to a not-for-profit organization?

ANSWER: It is permissible for Attorney to offer a discount on estate planning to clients who leave a portion of their estates to a not-for-profit organization. Attorney must clearly and fully disclose Attorney’s relationship with the organization. Attorney must provide objective advice and consultation to the clients regarding their options and the effects of their choices

What do the rules say today, for your facts?

This opinion is from 2006. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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