Opinion 1338

The Committee was of the opinion that the issue raised is of significant concern to the bar, and therefore has proposed a formal opinion to be adopted by the Board of Governors. In summary, the Committee was of the opinion that if a lawyer is licensed as an escrow business agent as set forth in RCW 18.44, and maintains an escrow business entirely separate and apart from a law practice, including not holding himself or herself out as a lawyer in engaging in the escrow business, then the lawyer need not comply with RPC 1.14, but rather with the statutory requirements regarding escrow agents. However, if he or she held himself or herself out as a lawyer, the RPC 1.14 must be complied with.

(Editor's Note: See Formal Opinion 187.)

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.