Advisory Opinion: 2003

Year Issued: 2002

RPC(s):

Subject: Paralegal work by a suspended lawyer


The inquirer is admitted to the Washington and Oregon bars and is suspended from both. Evidently, the Oregon Bar allows suspended lawyers to work as paralegals while suspended, but Washington does not. The inquirer is currently working at an Oregon law firm that also has a lawyer admitted to the Washington Bar. The inquirer asks two questions. First, may the inquirer perform paralegal activities in Oregon with respect to a lawsuit which is pending in a Washington superior court; and, second, would the other Washington admitted lawyer at the firm who is handling the Washington lawsuit violate RLD 1.1(h) by directing the inquirer to do legal research about the pending Washington case.

The committee opined that with respect to question one the answer is no. Indeed, a Washington lawyer who is suspended may not work as a paralegal anywhere at all. The committee’s answer to question one renders question two moot.

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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.