RPC 1.5(e); 1.8(f); 1.8(h); 1.10
Division of fees; limitation of liability; imputed disqualification; conflict of interest; advertising; contract lawyer
The Committee reviewed your inquiry regarding your establishment of a legal research and writing business for the purpose of research and drafting legal memoranda, briefs, and pleadings for law firms. The Committee understood that in that capacity, lawyers or law firms would be your sole clients.
Based upon those facts, the Committee was of the opinion that RPC 1.5(e) and 1.8(f) would not apply to your situation. Since there is no requirement that any lawyer maintain legal malpractice insurance, the Committee was of the opinion that the Rules of Professional Conduct placed no requirement upon you to disclose that to the lawyers or law firms with whom you contract.
Further, the Committee was of the opinion that where your client is a lawyer, RPC 1.8(h) would not require separate advice to that lawyer that independent representation is appropriate in connection with any agreement prospectively limiting your liability for malpractice.
The Committee agreed with your analysis that under RPC 1.10 you could not work on the identical case for adverse law firms, but the mere fact that you may have worked for a law firm would not preclude you from accepting employment from another firm who may have pending matters with the first law firm.
Regarding your proposed advertisement, the Committee can only say that it cannot be misleading or deceptive.