Can a lawyer provide free estate-planning services to an organization's members when the organization suggests members leave it a bequest?

Plain-English summary

The inquiry concerned an arrangement in which an organization sponsors a lawyer to provide free will-preparation and estate-planning services to the organization's members, and plans to advertise in its own publication that the member could use the opportunity to create a testamentary gift to the organization.

The committee concluded that the lawyer may provide the free legal services. Clients may donate to the organization, but any donation must be totally voluntary. It directed the lawyer's attention to RPC 1.7 on independent judgment and to RPC 5.4(c), particularly as it relates to any bequests clients may make to the organization. The committee also stated that the lawyer must comply with RPC 1.6 to maintain confidentiality of the clients' confidences and secrets, because the clients all belong to the organization and, as the lawyer described the role, the organization is not the lawyer's client. All advertising must comply with RPC 7.1 and 7.2.

The committee noted the lawyer's acknowledgment that some clients may need additional services beyond those provided free. It stated that RPC 1.2 allows a lawyer to limit the objectives of the representation if the client consents after consultation, and that at the inception of the relationship the lawyer must make clear to the member-client what is specifically included in the free service and what may later generate fees.

Currency note

This opinion was issued in 1999, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here. Several rules the opinion cites (RPC 1.2, 1.6, 1.7, 5.4, 7.1, and 7.2) were restructured in the 2006 revisions, so verify the current rule text before relying on it.

Common questions

Q: Can a lawyer offer free estate planning sponsored by an organization?

A: Yes. The committee concluded the lawyer may provide the free legal services, subject to the conflict, confidentiality, and advertising rules.

Q: Can the organization steer clients to leave it a bequest?

A: The committee said clients may donate to the organization, but any donation must be totally voluntary, and it directed attention to RPC 1.7 and RPC 5.4(c) as to bequests.

Q: Who is the client, the members or the organization?

A: As the lawyer described the role, the organization is not the lawyer's client; the members are. The committee said the lawyer must keep the members' confidences and secrets under RPC 1.6.

Q: Does the lawyer have to spell out what is free?

A: Yes. The committee said RPC 1.2 allows limiting the objectives with the client's consent after consultation, and that at the outset the lawyer must make clear what is included free and what may later generate fees.

Background and rules framework

The opinion applied several Washington Rules of Professional Conduct, each corresponding to its ABA Model Rule: RPC 1.2 (scope of representation and limited objectives, MR 1.2); RPC 1.6 (confidentiality, MR 1.6); RPC 1.7 (conflict of interest and independent judgment, MR 1.7); RPC 5.4(c) (a third party who recommends or pays for legal services may not direct the lawyer's professional judgment, MR 5.4(c)); and RPC 7.1 and 7.2 (communications about and advertising of a lawyer's services, MR 7.1 and 7.2). The committee treated the sponsoring organization as a third party rather than the client.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.2 (scope of representation); Washington RPC 1.2
• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6
• ABA Model Rule 1.7 (conflict of interest: current clients); Washington RPC 1.7
• ABA Model Rule 5.4(c) (professional independence; third-party direction); Washington RPC 5.4(c)
• ABA Model Rule 7.1 (communications concerning a lawyer's services); Washington RPC 7.1
• ABA Model Rule 7.2 (advertising); Washington RPC 7.2

See also

• WA Ethics Op. 1693: Insurance-Agent Referrals & Fees
• WA Ethics Op. 1874: Selling Investments as a Lawyer
• WSBA Ethics Op. 943: Insurer Counsel and Confidences

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1075

Original opinion text

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

Advisory Opinion: 1882
Year Issued: 1999
RPC(s): RPC 1.2; 1.6; 1.7; 5.4(c); 7.1; 7.2
Subject: Lawyer provides free estate planning legal services to organization's members; organization suggests members use lawyer's services to donate to organization

The inquiry concerns the ethical considerations where an organization sponsors a lawyer, who will provide free legal services to organization members in will preparation and estate planning matters. The sponsor also plans to advertise in its own publication the availability of the lawyer to provide free legal services, including a statement that the member-client could use the opportunity to create a testamentary gift to the organization.

The committee opines that you may provide free legal services to your clients. The clients may donate to the organization but the donation must be totally voluntary. Your attention is directed to RPC 1.7 with regard to your independent judgment and to RPC 5.4(c), particularly as it may relate to any bequests your clients may make to the organization. You will also need to comply with RPC 1.6 maintaining confidentiality of your client’s confidences and secrets since these clients all belong to the organization and the organization is not your client as you describe your role. All advertising must comply with RPC 7.1 and 7.2.

The inquiring lawyer acknowledges that there may be situations in which the client needs additional services stemming from those he is providing free in the program. RPC 1.2 allows a lawyer to limit the objectives of representation if the client consents after consultation. At the inception of the relationship, it is incumbent upon the lawyer to make clear to the member-client what is specifically included in the free legal service and what later may be fee generating.