Opinion 1119

The Committee was of the opinion that a lawyer could form a partnership with a non-lawyer for the purpose of starting a custody evaluation business. The Committee was of the opinion that such a business would not constitute the practice of law and therefore the lawyer would not violate RPC 5.4(b). Further, the fact that advertisements for the service would identify that the partnership includes a person trained and licensed as a lawyer would not change the activities of the partnership. The Committee did note that you should incorporate a form acknowledgement for signature by the adversary clients of the custody evaluation business covering the fact that no attorney/client relationship is to be formed.

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.