Advisory Opinion:
1930
Year Issued:
2000
RPC(s):
RPC 1.1; 1.2; 1.3; 1.4; 1.6; 5.4(a); 5.4 (b); 5.5(a)
Subject:
Formation of a .com immigration company to provide legal services that is owned by nonlawyers
[Editor's Note: Ethics inquiry #1930 concerns the formation of a .com immigration company.]
The Committee has reviewed your inquiry and determined the following:
The inquirer asks whether it is ethical for a Washington lawyer and his firm to participate as owners in a company, in which other owners are presumably not lawyers, that will market the firm’s legal services through a Web site based in the state of New Mexico.
The committee stated that the sharing of fees by a lawyer with a non-lawyer is expressly forbidden by RPC 5.4(a). Engaging in the practice of law with non-lawyers is prohibited by RPC 5.4(b). An arrangement where a non-lawyer directs or regulates the lawyers professional judgment is prohibited by RPC 5.4(c). Practicing law in states in which you are not admitted as a lawyer, may violate the laws of those jurisdictions and thereby violate of RPC 5.5(a). It is not clear that the communication envisioned by RPC 1.2, 1.3 and 1.4 can or will occur. It is not clear that the practice of answering client inquiries over the Internet will be sufficient to discharge the lawyer’s duty to act competently under RPC 1.1. Additionally, leaving aside technology issues related to confidentiality of Internet use, it appears that non-lawyers not employed by your firm will have access to potentially confidential communications which may thereby violate RPC 1.6.
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