Opinion 2059

The inquiring attorney is a County Prosecutor who wishes to hire an individual to serve in the capacity as Crime Victim/Witness Coordinator. According to the inquiring attorney, the position does not require a license to practice law, and the person hired in that position will not be expected or permitted to practice law. The candidate is apparently a licensed attorney who may be suspended or disbarred based upon recommendation by the WSBA. The issue of the individual’s license is currently before the Supreme Court on Appeal.

The inquirer asks the following: Is the Prosecuting Attorney in violation of the RPCs by permitting a licensed attorney, not practicing law in a public sector law firm, continued employment during a suspension or disbarment?

Yes. RPC 5.5(d) prohibits a lawyer from maintaining an office for the practice of law in a room or office occupied or used by an individual who is disbarred, suspended or resigned in lieu of disbarment, and further prohibits a lawyer from practicing law under any arrangement for compensation of any kind with such an individual, or in cooperation with such an individual, as outlined in Formal Opinion 184. This prohibition is effective upon the date of disbarment, suspension or resignation.

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.