Opinion 1339

The Committee reviewed your inquiry concerning your conduct in representation of a property management firm which carries out evictions for landlord clients. The Committee understood the facts to be that the management company client would prepare a complaint which had been approved as to form by you, that the complaint would be reviewed and verified by the landlord and that the summons and complaint would then submitted to you for your review and signature. If the tenant filed an answer, it would be served upon you. Any motion and order to show cause would be prepared by you and you would appear at the show cause hearing with the landlord.

If the tenant did not answer, the client prepares a motion for default and associated pleadings on forms provided and approved by you. You again would review those documents and present them in court. You would bill the client for your services according to an agreed upon fee schedule.

The Committee was of the opinion that, because you are exercising your independent professional judgment prior to any pleadings being served or filed, nothing in this proposed arrangement would violate the Rules of Professional Conduct.

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.