Could an insurance agent collect estate-planning information and deliver and help execute a lawyer's documents?

Plain-English summary

A lawyer accepted estate-planning referrals from insurance agents. An agent would collect client information on a form, send it to the lawyer, deliver the completed documents, and help with execution and asset transfers. The lawyer was paid by the client and did not split the fee with the agent.

The opinion said the agent appeared to solicit in person for the lawyer under Rule 4-7.3(b). It also said the forms appeared to require legal advice, so the agent appeared to practice law without authorization and the lawyer to assist in violation of Rule 4-5.5. Delivery through an agent who was neither associated with nor supervised by the lawyer created confidentiality problems under Rule 4-1.6 and further unauthorized-practice concerns.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Did direct payment to the lawyer resolve the concerns?

A: No. The opinion still identified solicitation, unauthorized-practice, and confidentiality problems.

Q: Why did the intake form matter?

A: The opinion said filling it out appeared to require legal advice.

Q: What was the problem with the agent delivering documents?

A: The agent was not associated with or supervised by the lawyer, raising confidentiality and unauthorized-practice concerns.

Background and rules framework

The opinion assessed an insurance agent's estate-planning intake, delivery, and execution assistance under Rules 4-7.3(b), 4-5.5, and 4-1.6.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-7.3(b)
• Missouri Rule 4-5.5
• Missouri Rule 4-1.6

See also

• Missouri Informal Op. 930173: Proposed confidentiality waiver
• Missouri Informal Op. 940036: Lay estate planning program

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930172/

Original opinion text

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

QUESTION: Attorney accepts referrals for estate planning from insurance agents. Attorney is available in person or by telephone to answer legal questions. The agent is not obligated to recommend Attorney. The agent obtains basic estate planning information using a form and sends it to Attorney. Attorney is paid directly by the client and pays no part of the fee to the agent. Attorney reviews the information and contacts the client. Attorney prepares estate planning documents. Attorney gives the documents to the agent for delivery to the client. The agent assists the client with execution and transfer of assets. Clients are told to contact Attorney with que ANSWER: It appears the agent is engaging in in person solicitation on Attorney´s behalf in violation of Rule 4–7.3(b). Based on a review of the forms, it appears legal advice would be needed to fill them out. Since they are filled out by the agent and the client, it appears the agent is engaged in the unauthorized practice of law and Attorney is violating Rule 4–5.5 by assisting the unauthorized practice. Because the agent does not have a relationship with Attorney and is not supervised by Attorney, giving the documents to the agent for delivery would create problems with confidentiality under Rule 4–1.6 and would further involve the unauthorized practice of law.