Opinion 1912

The inquiring lawyer was approached by a Texas law firm consisting of two partners.

The Texas lawyers are not licensed to practice law in Washington state. The Texas lawyers are interested in establishing a practice in Washington. They seek, with the inquiring lawyer, to establish a Washington personal injury law practice through a multi-state firm or other relationship. The committee opined that:

1. The Rules of Professional Conduct (RPC’s) do not preclude a Washington lawyer from membership or association with a firm that provides legal services in multiple states. RPC 5.5 does preclude a lawyer firm assisting a person who is not a member of the Washington Bar "in the performance" of activity in this state that constitutes the unauthorized practice of law. See also RPC 5.4 regarding the professional independence of a lawyer.

2. RPC 7.5 does not preclude the name of the firm from including only the Texas lawyers, however, RPC 7.5(b) requires that "identification of the lawyers in an office of the firm shall indicate the jurisdictional limitations on those not licensed to practice in the jurisdiction where the office is located." For further guidance in this regard see Formal Opinion 178 (1984).

3. The third question suggests that the firm would only do business in Washington, with two firm partners not admitted to practice in the State. Theoretically, this does not appear to be a violation of RPC, but note reference to RPC 5.5 and 5.4 above. The issue of firm name is addressed above. The same rule regarding firm name would apply should the Washington lawyer be identified in the firm name. Advertising of such a firm is governed by RPC 7.1(a).

4. The committee believes an advertisement that contains a photo of a lawyer, but does not refer to the lawyer’s authority to practice law in WA, may be misleading because it may omit a material fact. . See RPC 7.1(a).

5. The committee is aware of no constraints under the RPCs with respect to a Washington licensed lawyer serving as either a partner or an employee/associate in more than one firm, subject of conflicts of interest rules of the RPCs.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.