Advisory Opinion:
1458
Year Issued:
1992
RPC(s):
RPC 5.3; 5.4; 5.5
Subject:
Employment of nonlawyer as lobbyist and to appear before administrative agencies; division of fees with nonlawyer
The Committee reviewed your inquiry concerning issues relating to your relationship with a nonlawyer employed as a lobbyist. The Committee was of the opinion that the hiring of a nonlawyer to participate in lobbying, as well as appearances before administrative agencies, is permitted under RPC 5.3 so long as the lawyer recognizes his supervisory authority and responsibility under that rule. Further, RPC 5.4(a)(3) permits the nonlawyer employee to be included in a retirement plan even though such plan is based in whole or in part on a profit sharing arrangement.
Further, the Committee was of the opinion that pursuant to RPC 5.4, a nonlawyer may not own stock in a professional service corporation, which engages in the practice of law.
Finally, the Committee is of the opinion that a nonlawyer employee may perform duties which would include managerial authority and performing of lobbying activities so long as the nonlawyer does not have the right to direct or control the professional judgment of the lawyer pursuant to RPC 5.4(d)(3), and does not engage in the unauthorized practice of law, as prohibited in RPC 5.5(b).
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