Advisory Opinion: 1488

Year Issued: 1992

RPC(s): RPC 1.6; 5.4; 5.5; 7.2

Subject: Dual professions; requirements for conducting law practice and separate business


The Committee reviewed your inquiry concerning conducting a law business and a public adjusting business. The Committee was of the opinion that you may ethically maintain both businesses in the fashion you anticipate, so long as certain requirements are met.

You must separate your law practice from the other business sufficiently so that they do not appear to operate together or to be related, and you must comply with RPC 7.2 (business may not be used as a feeder in violation of the solicitation rules); RPC 5.4 (lawyer many not share or divide legal fees with non-lawyer and lawyer may not form a partnership with a non-lawyer if any of the activities include the practice of law); and RPC 5.5 (lawyer shall not aid in the unauthorized practice of law).

Pursuant to RPC 1.6, client confidences and secrets must be preserved, and the lawyer must make clear to his clients when an attorney/client relationship exists and when it does not.

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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.