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Solic. - 1 AUTOMOBILE CLUBS UNLAWFUL PRACTICE UNLAWFUL TO FURNISH MEMBERS WITH LEGAL SERVICES IN CONNECTION WITH OWNERSHIP AND OPERATION OF AUTOMOBILES.
(Withdrawn 12/31/94). Solic.-2 CREDIT EXCHANGE UNLAWFUL PRACTICE UNLAWFUL FOR CREDIT EXCHANGE TO FURNISH
COLLECTION SERVICE TO MEMBERS OR STOCKHOLDERS
WHICH INVOLVES SUIT OR THREAT OF SUIT.
(Set out at Un.Pr.-2) Solic.-3 COLLECTION AGENCIES SOLICITATION OF BUSINESS FORBIDDEN WHEN OWNED
BY A LAWYER.
(Withdrawn 12/31/94). Solic.-4 EMPLOYMENT ACCEPTANCE OF EMPLOYMENT TO PROSECUTE COUNTERCLAIM FOR COMPANY'S INSURED BY ATTORNEY REPRESENTING INSURANCE COMPANY WHEN PERMITTED. QUESTION: A lawyer employed by a casualty company to defend its insured in a suit filed against the insured for personal injuries resulting from an automobile collision, finds on investigation that the insured has a counterclaim against the plaintiff for damages growing out of the same action. The insured did not realize that he had a counterclaim until he was so advised by the lawyer (a) Under such circumstances, is it proper for the lawyer to represent the insured in the matter of the counterclaim? (b) Is the lawyer entitled to make any charge to the insured personally, for his services rendered in connection with the counterclaim? (c) Is it of any importance that the insured did not realize that he had a counterclaim until he was so advised by the lawyer? ANSWER: (a) If the insured is advised by the lawyer that he has the right to select counsel of his choosing to prosecute the counterclaim and thereafter selects the lawyer employed by the casualty company for that purpose, it is proper for the lawyer to represent the insured unless the circumstances are such that the interests of the insurer and the insured will likely conflict. Any suggestion to the insured by the lawyer of the casualty company with the lawyer's consent and knowledge, that the lawyer be employed to prosecute the counterclaim for the insured constitutes solicitation. (b) The right of the lawyer employed by the casualty company to make a charge to the insured personally for services rendered in connection with the counterclaim depends upon the circumstances and the agreement between the lawyer and the insured. In cases where employment has been secured in unprofessional manner, there is no liability to pay a fee. (c) The time of the cause of the insured's realization that he had a counterclaim is immaterial. [Rule 4 7.3] Solic.-5 EMPLOYMENT BY ADJUSTING COMPANIES IMPROPER FOR ATTORNEY TO ACCEPT EMPLOYMENT
FROM AN ADJUSTING COMPANY ENGAGED IN THE
UNAUTHORIZED PRACTICE OF LAW TO REPRESENT IT IN
MATTERS COMING FROM ITS PATRONS.
(Set out at Un.Pr.-12) Solic.-6 ADVERTISING SOLICITATION FIRE INSURANCE ADJUSTERS IMPROPER FOR ATTORNEY TO ADVERTISE AS AN "EXPERT FIRE INSURANCE ADJUSTER" OR SOLICIT SUCH BUSINESS. QUESTION: A lay fire insurance adjuster for the people advertises in telephone directories, city directories and on his card and stationery that he is an expert in collecting losses on fire insurance policies. He personally solicits representation on the basis of the contract described in Question 21. (Editor's note: See Formal Opinion 21 which is set forth in the Unauthorized Practice section of this book, Un.Pr.-13.) If a duly licensed lawyer should engage in this same work and adopt the same methods of getting business, would he be subject to discipline or disbarment? ANSWER: The Advisory Committee is of the opinion that a lawyer who engaged in the practices stated in the question would be subject to discipline. The services to be performed constitute the practice of law. Canon 2 DR2-103(A) [Rule 4 7.1; 7.4] Solic.-7 ADVERTISING ANNOUNCEMENTS SENT OUT FOR THE PURPOSE OF
SOLICITING COMMERCIAL BUSINESS IS
UNPROFESSIONAL CONDUCT. ANNOUNCEMENTS OF
CHANGES IN FIRM WHEN PERMITTED.
(Withdrawn 12/31/94). Solic.-8 ADVERTISING COLLECTIONS IMPROPER FOR ATTORNEY TO PUBLICLY ADVERTISE
THAT HE HOLDS FOR COLLECTION ALL ACCOUNTS OF A
NAMED PARTY.
(Withdrawn 12/31/94). Solic.-9 RADIO BROADCASTING RADIO BROADCASTING OF AN OFFER BY A REFUND
COMPANY TO OBTAIN REFUNDS ON INSURANCE POLICIES
IS THE SOLICITATION OF LAW BUSINESS.
(Set out at Un.Pr.-14) Solic.-10 CORPORATIONS A BUREAU OF ANALYSIS WHICH SOLICITS THE BUSINESS OF ANALYZING THE FINANCIAL STATUS AND LEGAL DOCUMENTS IN CONNECTION THEREWITH, IS ENGAGED IN SOLICITATION OF LAW BUSINESS. QUESTION: May a Bureau of Analysis solicit the business in Missouri of analyzing the financial status of individuals together with legal documents in relation thereto, and is such business the unauthorized practice of law? ANSWER: The Advisory Committee is of the opinion this is the solicitation of law business and the unauthorized practice of law. [Rule 4 5.5] Solic.-11 ATTORNEYS NOT IMPROPER FOR A MISSOURI LAWYER TO ENGAGE IN PRINTING BUSINESS AND SOLICIT FROM THE BAR FOR SUCH BUSINESS. QUESTION: Is it proper for a Missouri lawyer who is engaged in the printing business, to solicit printing business from the members of the Bar? ANSWER: The Advisory Committee is of the opinion that such practice is not improper. [Rule 4 7.3] Solic.-12 IMPROPER FOR A LAWYER TO SEND CHRISTMAS
GREETINGS TO CLIENTS AS SUCH OR TO JOIN OTHER
PERSONS IN THE INSERTION OF CHRISTMAS GREETINGS
IN A LOCAL NEWSPAPER.
(Withdrawn 12/31/94). Solic.-13 (Withdrawn 12/31/94). Solic.-14
(Set out at Adv.-21) Solic.-15 QUESTION: Can a Missouri attorney participate in a statewide approved bar-sponsored open panel prepaid legal service plan and ethically pay a registration fee under Rule 4, DR2-103(C) and DR2103(D) (4)? ANSWER: Yes, rendered June 14, 1977. [Rule 4 7.3] Solic.-16 QUESTION: Can an announcement be published of a free legal services system for the elderly at various senior citizens' centers in a major city? The legal assistance will be performed by law students under the supervision of a licensed Missouri attorney. The announcement should contain language which indicates that if the case is a fee-generating case, referral will be made to the Lawyer's Reference Service or to a private attorney of client's selection . ANSWER: Yes, Rendered August 2, 1977. [Rule 4 7.3] Solic.-17 (Opinion omitted. See Notes on Use.) Solic.-18 QUESTION: Can an attorney accept employment on a contingent fee basis with a school district for litigation against the County Assessor for allegedly under appraising commercial properties resulting in loss of revenue to said district? The proposed contingent fee contract would be applicable to the increased revenue, if any, produced for only one year. ANSWER: Yes. It is the opinion of the Advisory Committee there is nothing ethically wrong in entering into a contingent fee contract with the school district, provided the district is legally authorized to enter such a contract. The contract must result in a reasonable fee under DR2-106(B). The compensation could be computed upon a time/hourly basis commensurate with the conditions, contingent upon a successful recovery. Rendered August 22, 1977. [Rule 4 1.5(c)] Solic.-19 (Opinion omitted. See Notes on Use.) Solic.-20 QUESTION: Can the members of a Bar Association be polled and their names be included upon a list of attorneys who will accept court appointments in criminal cases and defendants shown this list by the court? ANSWER: Yes. The Committee is of the opinion that members of the Bar can furnish this information to the court and be listed on a list established by the court. Rendered September 1, 1977. [Rule 4 7.3] Solic.-21 (Opinion omitted. See Notes on Use.) Solic.-22 (Opinion omitted. See Notes on Use.) Solic.-23 (Set out at Adv.-28) Solic.-24 (Opinion omitted. See Notes on Use.) Solic.-25 (Opinion omitted. See Notes on Use.) Solic.-26 (Opinion omitted. See Notes on Use.) Solic.-27 (Opinion omitted. See Notes on Use.) Solic.-28 (Opinion omitted. See Notes on Use.) Solic.-29 (Opinion omitted. See Notes on Use.) Solic.-30 (Opinion omitted. See Notes on Use.) Solic.-31 (Opinion omitted. See Notes on Use.) Solic.-32 (Opinion omitted. See Notes on Use.) Solic.-33 QUESTION: A Missouri attorney represents a not-for-profit corporation and as such he prepares sample will clauses for said corporation lo use in literature furnished by the corporation to prospective donors and contributors to the charity. May the attorney allow the corporation to include a statement to the effect "that should a prospective contributor wish to name the charity as a beneficiary in a will in some manner other than is covered by the sample will clauses, the corporation will have a will clause drafted by the counsel for the corporation to meet the specific needs outlined by the prospective contributor"? ANSWER: No. It is the opinion of the Committee that if the provisions which the testator desires in his will are other than "regular", then he should have his own attorney prepare the provisions rather than the corporation attorney. The Committee believes that if the testator has some novel approach that he thinks would be appropriate, he should discuss that with independent counsel rather than have counsel for the corporation prepare the provisions for him. Rendered December 14, 1979. [Rule 4 7.3] Solic.-34 (Set out at Adv.-41) Solic.-35 (Set out at Adv.-40) Solic.-36 QUESTION: What should the attorney for plaintiff do in a will contest case, where there are a number of potential plaintiffs, regarding contacting and obtaining employment contracts? ANSWER: It is the Committee's opinion that the attorney can tell the clients that he already represents, who intend to contact other potential plaintiffs in the will contest, to call or write the attorney requesting that he represent them in the matter. The Committee believes the attorney should not send employment contracts to the potential plaintiffs until after he has been contacted directly by those parties concerning such representation. Rendered January 24, 1980. [Rule 4 7.3] Solic.-37 (Set out at Fees-32) Solic.-38 (Opinion omitted. See Notes on Use.) Solic.-39 A lawyer's parent wishes to initiate a program in the parent's church in which the lawyer would meet with the members of a church-sponsored senior citizens group to give legal advice. The program would be organized so the lawyer would schedule periodic office hours on the church premises. During those office hours, members of the group would be able to consult privately and individually with the lawyer regarding their legal problems. The lawyer would receive no remuneration for his participation in the program. May the lawyer accept employment that results from participation in the program? ANSWER: It appears to the Committee that what is proposed is a group legal service program for an organization which might qualify for such a program under Rule 4 of the Supreme Court of Missouri. The Committee suggests counsel review DR2-103 of Rule 4. Rendered June 23, 1980. [Rule 4 6.3; 7.3] Solic.-40 (Set out at Adv.-45) Solic.-41 (Set out at Adv.-46) Solic.-42 QUESTION: Can an attorney ethically use a computerized income tax preparation service (service) where the service would, along with its advertising of other locations and outlets include the name, location and telephone number of an attorney who is, in fact, utilizing the computer preparation of tax returns, avoiding any reference in the advertising that a person at that location is an attorney and that the office is a law office? In addition, can an attorney, under the facts stated in the above paragraph, divide the tax return preparation fee with the tax service or must the attorney pay a set amount to the service for the preparation of each return and, finally, can the attorney have a sign in the window of his law office displaying the corporate name of the computerized tax service which in fact indicates that the service is available on the premises? ANSWER: It is the opinion of the Committee that an attorney can use the computerized income tax preparation service if the client is advised in advance and specifically waives the breach of confidentiality that such use obviously necessitates. The attorney cannot divide the fee on a percentage basis with the computer service. He would have to pay the computer service separately and then charge his client an appropriate total fee. It would be improper for the service lo advertise the name, location and telephone number of the attorney using the service. It would also be improper for the attorney to have a sign in the window of his law office displaying the corporate name of the computerized tax preparation service. Rendered January 15, 1981. [Rule 4 1.6; 5.4; 7.2] Solic.-43 A general counsel for a group of churches submits the following inquiry having ethical ramifications; QUESTIONS: 1. The attorney is requested by one of the churches to conduct an estate planning seminar and speak on the subject of "why a person would need a will" and answer questions. He specifically requests guidance as to whether or not he can draft estate plans for the persons in attendance. 2. If permitted to draft wills for those in attendance, can he suggest gifts to the institution for which he is general counsel? 3. Can he establish a "free legal clinic" for seminary students? ANSWERS: 1. The Committee points out to counsel that he should consider certain questions before accepting the invitation to conduct the estate planning seminar. First, the information given by the speaker at the seminar must be of a general nature and must not provide the answers to specific questions profounded by persons in the audience. 2. If counsel is requested to draft estate plans for individuals attending the meeting, he may undertake such employment as the attorney for the individual. That individual would be expected to pay any fees that counsel charged. No one should suggest employment of said counsel by those in attendance at the meeting. Suggestions by counsel that attendees make gifts to the institution employing counsel raises the specter of a conflict of interest and thus is improper. 3. The Committee suggests that counsel consider, as a vehicle for furnishing legal services to Bible College students, a group legal plan under the applicable sections of Rule 4. Rendered July 16, 1981. [Rule 4 1.7; 6.3; 7.3] Solic.-44 (Opinion omitted. See Notes on Use.) Solic. -45 (Opinion omitted. See Notes on Use.) Solic.-46 (Set out at Adv.-48) Solic.-47 (Opinion omitted. See Notes on Use.) Solic.-48 (Unrelated part 1 is not included.) The collection agency for which the firm is handling accounts has approximately 300 creditors and approximately 75 of them are "out of trust." The firm handling the accounts learned of the problems of the collection agency and poses the following questions. QUESTION 2. (a) Does the attorney have the authority to refuse to deal with the agency any further on any of the accounts that the firm is handling? ANSWER 2. (a): Yes, but he must notify the creditor of his refusal to do so. QUESTION 2. (b) May the attorney write all of the creditors that he is representing to inform them of the problem, even if he is not sure that any of the creditors he is representing is included in the group that is "out of trust"? ANSWER 2. (b): The above question is a legal question and not within our jurisdiction. The firm can communicate with the creditors it is representing but the firm is cautioned about any allegations if the firm is not sure of the exact facts. QUESTION 2. (c) Can the firm write the creditors he is representing informing them of the problem, if he knows that the creditor to whom he is writing is not included in the group that is "out of trust"? ANSWER 2. (c): The same as 2. (b) above. QUESTION 3. In the above letters to clients, will it be construed as an attempt by the attorney to solicit business from the creditors directly so as to be "improper solicitation"? ANSWER 3: It is proper for the attorney to communicate directly with the creditor. If the attorney is representing the creditor, then he certainly can advise the creditor that he would be glad to continue such representation in the future. Rendered April 14, 1983. [Rule 4 1.6; 1.16; 7.3]
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