For your state bar advertising review.

1. Nature of the Platform

Plan Your Passing is a third-party technology platform that provides estate-planning education to consumers and a white-label content + portal infrastructure to subscribing law firms. The platform itself is not a law firm, does not provide legal services, and does not establish an attorney- client relationship with platform users. The platform is owned by Plan Your Passing (5740 Everwood Court, San Pablo, CA 94806). Roger Daniel Grubb, the operator, is a California-licensed real estate broker, not an attorney.

2. ABA Model Rule 5.4 — No Fee-Sharing with Non-Lawyers

The partnership fee structure does not implicate Rule 5.4. The partner attorney pays a flat monthly SaaS subscription fee ($97–$297/month) for technology and content access. This fee is:

• Fixed, not contingent on any client matter
• Not a percentage of any client fee
• Not derived from any legal service revenue
• Not tied to volume of clients or matters

The structure is the same as paying Clio, LawPay, MyCase, or any other practice-management/marketing software subscription. ABA Formal Op. 484 (2018) and numerous state bar opinions have confirmed that flat-fee SaaS arrangements with non-lawyer vendors do not violate Rule 5.4 because there is no sharing of legal fees and the vendor has no claim on any client revenue. The platform does not direct clients, does not screen clients, and does not approve attorney advice.

3. ABA Model Rule 5.3 — Supervision of Non-Lawyer Services

The partner attorney supervises all non-lawyer services provided through the platform. The platform provides: (a) marketing/educational content the attorney distributes, (b) client portal infrastructure the attorney uses for intake and document delivery, (c) intake question templates the attorney customizes. The attorney is responsible for reviewing every document, output, and communication before it is shared with a client. The platform's document- builder tools produce starting drafts only; every output carries explicit “consult an attorney” language.

4. ABA Model Rules 7.1, 7.2, 7.3 — Advertising

All co-branded marketing assets provided to the partner attorney are templates. The attorney is responsible for ensuring the deployed version complies with:

• Rule 7.1 — Communications about a lawyer's services are not false or misleading. Templates make no claims about case outcomes, no guarantees, and no comparative claims unless substantiable. The platform's earnings projections (on partner-recruitment pages, not client-facing materials) are clearly identified as illustrative.
• Rule 7.2 — Communications are not misleading and include the name of at least one lawyer or firm responsible for the content. The co-branded subdomain prominently displays the partner's name, firm, and bar number. Required state-specific identification (e.g., “Advertising material” labels in some states) is the attorney's responsibility to add.
• Rule 7.3 — No real-time solicitation of prospective clients except via informational mailings, advertisements, and other written communications. The platform's email templates are designed for distribution to the attorney's existing contacts and engaged-client base. The attorney is responsible for ensuring outbound distribution respects Rule 7.3 and applicable state solicitation rules (e.g., in-person or real-time direct contact for fee-paying matters is generally prohibited).

5. UPL — Unauthorized Practice of Law

The platform does not engage in the practice of law. Its document-builder tools produce general-purpose forms with clear “consult an attorney” language. Its scenario walkthroughs are educational. Its 50-state guides cite general legal rules without applying them to specific fact patterns. The platform routes consumers to licensed attorneys (including the partner attorney for users in the partner's jurisdiction) for any need for legal advice. See e.g., ABA Formal Op. 451 (2008) and state UPL opinions for the boundary between legal information (permissible) and legal advice (requires licensed attorney).

6. Client Confidentiality (Rule 1.6) & Data

Client information submitted to the partner's co-branded portal (intake forms, uploaded documents) is transmitted under TLS, encrypted at rest, and accessible only by the partner attorney's firm. The platform does not access, review, mine, or use client data for any purpose other than rendering the technology service to the partner firm. A BAA-style data-processing agreement is available on request. The partner attorney remains the data controller and is responsible for Rule 1.6 compliance, breach notification under state law, and any applicable HIPAA obligations.

7. Trust Account Issues (Rule 1.15)

The platform does not collect client fees. All client payments for legal services flow directly to the partner attorney's designated payment processor (e.g., LawPay, direct firm Stripe account) and into the firm's operating or trust account as appropriate. The platform's subscription fee is billed to the firm, not the client, and is paid from firm operating funds. There is no co-mingling and no trust-account implication.

8. CLE Certification

The platform provides workshop content (Family Estate Readiness Workshop) designed to be eligible for CLE credit in many states. The platform does not certify CLE itself. The partner attorney applies for CLE credit through their state bar using the platform's workshop materials. Approval and credit hours are determined by each state's CLE board. Plan Your Passing makes no representation that workshop content will be approved in any specific state — only that the materials are formatted and substantive in ways that comparable estate-planning CLE programs have been approved.

9. Termination & Client Data Return

The partner attorney may terminate the subscription at any time. On termination, the platform exports all client data from the partner's portal to the attorney within 7 business days, decommissions the subdomain within 30 days, and retains no client information thereafter. The 90-day refund + keep-all-assets guarantee applies to the attorney's sales-asset library (which becomes permanent attorney property) but not to client data (which has always been the attorney's property under Rule 1.16(d) file-return obligations).