Opinion 1178

The Committee considered your inquiry concerning the propriety of lawyers admitted in Washington practicing in your firm which practices in both Washington and another state under which you employed a person who had been disbarred from the practice of law in the other state. Apparently the applicable rules in the other state would permit such a practice. As you are aware, Formal Opinion 171 states that it is improper under the Washington Rules for Lawyer Discipline for a lawyer to employ a disbarred lawyer in any capacity. The Committee was of the opinion that any lawyer admitted in Washington must follow this rule and therefore your firm would either have to employ no lawyers admitted to practice in Washington or would have to decline to employ the disbarred lawyer. The Committee was unanimous in this opinion, with one abstention.

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.