Opinion 2006

The inquirer asks if it is ethical to form a partnership with a foreign lawyer who is licensed to practice law in Washington as a foreign legal consultant pursuant to APR 14.

The committee opined that a partnership with a foreign attorney does not violate RPC 5.4(b). A foreign attorney is not a “nonlawyer” for purposes of that Rule. The inquirer should be sure, however, that he comply with the admonitions of American Bar Association Formal Opinion 01-423 which provides as follows:

It is permissible under the Model Rules for U.S. lawyers to form partnerships or other entities to practice law in which foreign lawyers are partners or owners, as long as the foreign lawyers are members of a recognized legal profession in a foreign jurisdiction and the arrangement is in compliance with the law of jurisdictions where the firm practices. Members of a profession that is not recognized as a legal profession by the foreign jurisdiction would, however, be deemed “nonlawyers” such that admitting them to partnership would violate Rule 5.4(Professional Independence of Lawyer). Before accepting a foreign lawyer as a partner, the responsible lawyers in a U.S. law firm have an ethical obligation to take reasonable steps to ensure that the foreign lawyer qualifies under this standard and that the arrangement is in compliance with the law of the jurisdictions where the firm practices. The responsible lawyers in a U.S. law firm also have ethical obligations to take reasonable steps to ensure that matters in their U.S. offices involving representation in a foreign jurisdiction are managed in accordance with applicable ethical rules and that all lawyers in the firm comply with other applicable ethical rules.

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.