Advisory Opinion: 1483

Year Issued: 1992

RPC(s): RPC 5.4; 5.5; 7.2

Subject: Association with nonlawyer; division of fee with nonlawyer; referral from nonlawyer compensated by lawyer

The Committee reviewed your inquiry concerning a potential relationship with a marketer of living trusts. The Committee understood the facts of your inquiry to be that you and the marketer would share separate but adjoining offices. The marketer would provide purchasers with a short list of attorneys, including you, and would encourage them to use your services. The purchaser would mail an engagement letter to the lawyer with a check for a flat fee for review of the trust documents. Each week you would pay the marketer an amount to cover rent, the amount of which would vary according to how many trusts were reviewed by you.

The Committee was of the opinion that the proposed arrangement would violate RPC 5.4(a) regarding sharing fees with non-lawyers, and (b) regarding forming a partnership with a non-lawyer for the purpose of the practice of law. The Committee was also of the opinion that such a relationship would violate RPC 7.2(c) in that it would be paying someone for the recommendation of your legal services.

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.