Approved: October 14, 1976

Summary: A practicing attorney who is also the president of a title company must comply with the Code of Professional Responsibility in both occupations. F328 is adopted.

Comments: See Utah Opinions 5 and 17.

Facts: You have inquired, with the following fact situation, as to the ethical propriety of certain behavior.

You are president of a title company and spend most of your time doing title work. You receive some legal work as a result of your contacts through the title business. You have inquired whether you may:

1. Display certificate and diplomas relating to attorney status in the office of the title company?

2. Receive calls regarding legal matters at your office in the title company?

3. Bring clients to your office in the title company?

4. Use personnel of the title company in legal matters when the title company is reimbursed for the employees time?

Opinion: Your inquiries relate to a subject covered carefully and extensively by ABA Formal Opinion 328. We embrace the opinion and make it a part hereof.

It is our opinion that the questions you pose relating to the title insurance business and the practice of law integrate so closely with that opinion as to effectively resolve the questions you have asked.

Our ultimate conclusion is that the two, i.e., law practice and title business are so closely intertwined that it would be difficult for you to undertake any of the matters you have proposed in your letter without violating the Canons of Ethics.

There is not, however, a prohibition against carrying on two occupations from the same office even though one is the practice of law and if you are able to conduct your affairs so as to comply with the Canons of Ethics you may do so.