Advisory Opinion:
2019
Year Issued:
2003
RPC(s):
RPC 1.5, FO 178, IO 841, IO 1343
Subject:
"of counsel", fee splitting
The inquirer asks whether his law firm, Law Firm Y, may enter into an “of counsel” relationship with Law Firm X whereby Law Firm X would be designated as “of counsel” on the Law Firm Y’s letterhead. In addition, the inquirer provided a description of a fee sharing relationship between Law Firm X and Law firm Y as part of the “of counsel” relationship. The inquirer asks whether this “of counsel” relationship is permissible under the rules of professional conduct.
The purported “of counsel” relationship is not allowed under the Rules of Professional conduct. This committee has previously opined that a law firm may not be designated as “of counsel” to another law firm. See Informal Opinion Nos. 841 (1984) and 1343 (1990). “Of counsel” designation is limited to individual attorneys:
To be listed as “of counsel”, the lawyer must be an active member of the Washington State Bar Association and have a close, i.e. regular and frequent, continuing relationship with the lawyer or law firm, for example, the relationship of a retired or semi-retired former partner who remains available to the firm for consultation and advice. Formal Opinion 178 (1984) (emphasis added).
In addition, because the inquiry is premised on Law Firm X being designated as “of counsel”, this committee does not express any opinion regarding the proposed fee sharing relationship between Law Firm X and Law Firm Y. The committee, however, would highlight for the inquirer the fee splitting requirements of RPC 1.5 to help the inquirer determine whether Law firm Y may properly engage in a fee splitting arrangement with Law Firm X.
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