99-7.

• Case Date: August 03, 1999
• Court: Kansas

Kansas Ethics Opinion 1999. 99-7. August 3, 1999KBA Legal Ethics Opinion No. 99-7TOPIC: Formation of nonprofit corporation to provide legal services DIGEST: Lawyers may serve on the staff of a nonprofit legal research corporation and provide free legal services to members. Private counsel also may be hired to help litigate the corporate goals of the nonprofit. The rights of persons to associate for such purposes has, on occasion, received higher First Amendment protection by the U.S. Supreme Court than the anti-advertising and anti-solicitation rules enforced in the Model Rules. Date of Request: June 4, 1999; released August 3, 1999 Reference: MRPC 7.1, 5.3, 5.4, 5.5 FACTS A religious-affiliated organization wants to create a nonprofit Kansas corporation (hereafter NPC) with attorneys and non-attorneys as incorporators, officers, and board members. The purposes of the corporation are (1) research the history of the establishment clause of the First Amendment; (2) to educate people about the establishment clause as it affects the right to practice a religion; and (3) offer free legal services to people who feel that they are being denied their constitutional right of freedom of religion. Only licensed attorneys will provide the legal services. These attorneys will be staff attorneys on salary, unless their caseload expands too much in which case volunteer attorneys in the private sector will be employed. Expenses of litigation will be paid by the client if they can afford it but legal services would be provided free by NPC. All members of the NPC will do the research and participate in the education efforts, however. The NPC will be funded through book sales, tour fees, seminar fees, free will offerings at churches, and donations. QUESTIONS 1. Do the facts create a situation where the attorneys will be assisting in the unauthorized practice of law with non-attorneys? 2. Is the general educational portion of the NPC's efforts, especially discussing the establishment clause from a pulpit, the practice of law? 3. Is the fact that the NPC provides the legal services an unethical referral? ANALYSIS I. Ordinarily, the Committee does not address questions of whether conduct constitutes the unauthorized practice of law. However, in this context, the facts appear to create a situation analogous to any nonprofit corporation that hires staff...