Advisory Opinion: 1481

Year Issued: 1992

RPC(s): RPC 1.8; 7.3; 7.5

Subject: Dual professions; lawyer also works as private investigator

The Committee reviewed your inquiry concerning issues raised by conducting dual professions as a lawyer and as a private investigator. The Committee was of the opinion that there would be no violation of RPC 3.7 if you were called to testify in a case in which you are acting solely as an investigator. Further, the Committee is of the opinion that RPC 7.5 regarding the use of trade names would not also apply to your investigation business. The Committee was also of the opinion that the operation of these two businesses would not violate the Rules of Professional Conduct, but noted that when a client hired you as an investigator, you should advise them that you are not acting as a lawyer and that the confidences and secrets normally attended to the client/lawyer relationship would not apply. Further, if you represented a client as an investigator and as a lawyer in successive cases, the requirements of RPC 1.8 regarding disclosure and consent would apply. Similarly, RPC 7.3 would prohibit you from soliciting in person legal business from an investigation client. Finally, the Rules of Professional Conduct would generally not apply to your investigation business, except that some rules, such as RPC 8.4, would apply to your investigation business.

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.