Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?

Plain-English summary

A lawyer who also works as an insurance sales agent asked about soliciting clients in that role. The committee said the rules against improper solicitation, including RPC 7.1, 7.2, and 7.3, apply.

The committee said the lawyer cannot undertake legal representation of the people met going door-to-door selling insurance. It added that if the lawyer identifies as an attorney, on a business card or otherwise, while soliciting door-to-door as an insurance agent, there is an affirmative duty to fully disclose to those people that the lawyer is not acting as an attorney and that RPC 7.3(a) and 8.4(c) bar the lawyer from acting as their attorney; RPC 7.3(a) prohibits direct contact with prospective clients when a significant motive is the lawyer's pecuniary gain. The committee was divided on whether the rules prohibit distributing business cards printed with "Attorney at Law" while soliciting door-to-door as an insurance agent. The committee concluded that while the rules do not prohibit practicing law while selling insurance, the risk of violating the rules is high, and it referred the inquirer to Informal Opinion No. 1585.

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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. RPC 7.1, 7.2, 7.3, and 8.4 correspond to the same-numbered ABA Model Rules on communications, advertising, solicitation, and misconduct.

Common questions

Q: Can a lawyer take the people they meet selling insurance door-to-door as legal clients?

A: No. The committee said the lawyer cannot undertake legal representation of the people met going door-to-door selling insurance.

Q: Does the lawyer have to disclose anything if they identify as an attorney?

A: Yes. The committee said that if the lawyer identifies as an attorney while soliciting insurance door-to-door, there is an affirmative duty to fully disclose that the lawyer is not acting as an attorney and that RPC 7.3(a) and 8.4(c) bar acting as their attorney.

Q: Can the lawyer hand out 'Attorney at Law' business cards while selling insurance?

A: The committee was divided on that question and did not resolve it; it said only that practicing law while selling insurance carries a high risk of violating the rules.

Background and rules framework

The opinion applied RPC 7.1, 7.2, and 7.3 (communications, advertising, and solicitation) and RPC 8.4(c) (conduct involving dishonesty), each corresponding to the same-numbered ABA Model Rule. The committee read RPC 7.3(a) to bar direct contact with prospective clients motivated significantly by pecuniary gain, and tied the disclosure duty to avoiding misleading the people the lawyer meets as an insurance agent.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 7.1 (communications about services); Washington RPC 7.1
• ABA Model Rule 7.2 (advertising); Washington RPC 7.2
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)
• ABA Model Rule 8.4 (misconduct; dishonesty); Washington RPC 8.4(c)

Other opinions cited:

• WSBA Informal Opinion No. 1585 (referenced by the committee)

See also

• WA Ethics Op. 1599: Dual Professions, Law Practice and Insurance Adjuster
• WA Ethics Op. 1603: In-Person Solicitation at Networking Events

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=688

Original opinion text

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

Advisory Opinion: 1606
Year Issued: 1995
RPC(s): RPC 7.1; 7.2; 7.3; 8.4(c)
Subject: Solicitation; dual professions; lawyer sells insurance door-to-door

The Committee discussed your inquiry regarding the solicitation of clients in your role as an insurance sales agent. The rules against improper solicitation, including RPC 7.1, 7.2 and 7.3 apply.

You cannot undertake legal representation of the people you meet going door-to-door selling insurance. Further, if you identify yourself as an attorney, either on your business card or in another way while soliciting door-to-door as an insurance agent, then you have an affirmative duty to fully disclose to the people you meet that you are not acting as an attorney and that RPC 7.3(a) and 8.4(c) bar you from acting as their attorney. RPC 7.3(a) prohibits direct contact with prospective clients when a significant motive for the lawyer's doing so is the lawyer's pecuniary gain. The Committee was divided on whether the Rules of Professional Conduct prohibit you from distributing business cards printed with "Attorney at Law" while you are soliciting door-to-door as an insurance agent.

It is the Committee's opinion that while the rules do not prohibit practicing law while selling insurance, the risk of violating the Rules of Professional Conduct is high. The Committee refers you to Informal Opinion No. 1585.