Opinion 1995

The inquirer posed a situation in which an out-of-state lawyer who is the sole owner of a professional services corporation wants to employ the inquirer, a licensed Washington state lawyer, to provide legal services in Washington. The professional services corporation would collect all fees generated. It is assumed that all legal work pertaining to Washington State would be done by the inquirer and all estate planning or other services which would constitute the practice of law in Washington would be performed by the Washington lawyer. The inquirer asks the following:

1. May the inquirer practice law in the state of Washington with a lawyer licensed only in another state?
2. May the out-of-state lawyer assist the Washington lawyer on issues that involve federal tax matters and other federal law questions?
3. May the out-of-state lawyer consult with Washington clients on matters solely related to federal issues?

Regarding question one, the committee opined that under the Rules of Professional Conduct, in general, there is nothing prohibiting lawyers licensed in different jurisdictions from associating or maintaining a regional or national law firm. The remaining questions relate to what constitutes the unauthorized practice of law. Such questions are beyond the scope of the committee, so the committee is unable to answer them.

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.