An attorney, who is a certified elder law specialist, entered into a partnership with a certified financial planner. The partner
ship provided legal and other assistance to clients in connection with issues related to aging. The attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment. The financial planner performed only work that she was authorized to perform as a certified financial planner.Is the attorney subject to discipline?(A) Yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law.(B) Yes, because the attorney's clients are subject to undue influence if they receive their legal services and financial planning at the same time.(C) No, because it is in the best interests of the attorney's clients to receive coordinated advice about both legal services and financial planning.(D) No, because the attorney did not allow the certified financial planner to interfere with the attorney's independent legal judgment.
(A) Yes, because the attorney formed a partnership with a certified financial planner and some of the activities of this partnership consisted of the practice of law.
Explanation:
Rule 5.4: Professional Independence of a Lawyer
(b) A lawyer shall not form a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.
There is a website that is called Frequently Used terms and Phrases posted by New York State. (I would have posted the link but when I did the first time, my response was deleted.)
It gives you the break down on many words pertaining to CJ.
