Opinion 1996

The inquiring lawyer asks whether a working arrangement with a non-lawyer is acceptable pursuant to the RPCs. The working relationship involves a contract support person who works in the areas of accounting and bookkeeping of the lawyer’s guardianship client funds.

In reviewing the inquiry, the non-lawyer is paying client bills, balancing checking accounts, and preparing annual reports to the court and the Social Security Administration. The reports are reviewed and signed by the attorney. The checks are signed by the lawyer with a stamp authorized for use by the bank. The non-lawyer makes no financial decisions regarding the guardianship client funds without the lawyer’s authorization.

The inquirer asks two questions:
1. May a non-lawyer contract employee manage a lawyer’s guardianship client funds on a daily basis and prepare annual reports regarding the expenditure of a lawyer’s guardianship client funds with express permission and supervision of the lawyer?

2. May a non-lawyer contract employee be paid out of the lawyer’s fee for Medicaid clients and out of the guardianship accounts for the other clients?

The committee opined as follows:
1. Yes. Nothing in the RPC prohibits the daily bookkeeping management activities of guardianship client funds including the preparing of checks for the payment of the client’s bills. The important factor is that the lawyer supervises and approves all activities of the non-lawyer. The non-lawyer “makes no financial decisions regarding [the lawyer’s] client funds with out prior authorization from [the lawyer].” The lawyer must ensure that he and his assistant comply with RPC 5.3, 5.5 and the laws in the State of Washington.

2. Yes. There is nothing that prohibits this activity as described in the inquiring lawyer’s letter. The lawyer must ensure that he and his assistant comply with RPC 5.3, 5.5 and the laws in the State of Washington. The committee cannot comment on the reasonableness of the fees charged.

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.