Advisory Opinion: 1353

Year Issued: 1990

RPC(s): RPC 7.1(b)

Subject: Dual professions; law practice and hypnotherapy practice

The Committee reviewed your inquiry concerning the question whether there was anything in the Rules of Professional Conduct which would prohibit you from conducting a hypnotherapy practice along with your law practice. The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit such a practice. However, the Committee wants to caution you in some regards.
First, the Committee was of the opinion you should prepare and have separate fee schedules for legal services and hypnotherapy services and that you should not use one practice as a source of referrals for the other. Further, the Committee cautioned that you should be careful not to violate RPC 7.1(b) in creating any unjustified expectations by implying that you can achieve results through your hypnotherapy practice that you may not be able to achieve as a lawyer. Further, the Committee cautioned that you should be sure to disclose to your hypnotherapy clients that the attorney/client relationship and privilege do not apply when you are acting in that capacity and that you should obtain a consent to that effect.

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.