Advisory Opinion: 1348

Year Issued: 1990

RPC(s): RPC 1.5(e); 5.4(a)

Subject: Division of fees with nonlawyer; paralegal authorized to represent SSA claimants

The Committee reviewed your inquiry concerning hiring and/or working in association with a paralegal who represents claimants who appear before the Social Security Administration (SSA) The Committee understood that under relevant regulations, the paralegal is authorized to represent these claimants; however, because the paralegal is not a lawyer, the SSA cannot retain a fee from the claimant to pay the paralegal. It was proposed that by associating with you, you as a lawyer could apply for the fee and then share it with the paralegal. The Committee was of the opinion that, under the set of facts presented, the sharing of the fee would be prohibited by RPC 5.4(a). In addition, payment to the paralegal could not be contingent on the outcome of the matter. However, payment to the paralegal on an hourly or salary basis to perform the services would not be prohibited.

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.