Advisory Opinion: 1528

Year Issued: 1993

RPC(s): RPC 1.6; 5.4; 5.5; 7.3 (a)

Subject: Ancillary business; assisting unauthorized practice of law; office sharing with nonlawyer


[The lawyer proposed setting up a business to provide immigration and passport photos and package and arrange immigration petitions for filing. The lawyer would share offices with the business and the business would refer potential clients to the lawyer.] The Committee was of the unanimous opinion that there was a potential for problems with assisting the unauthorized practice of law. If a person asked [an] employee [of the business] to refer that person to you, the Committee was concerned about a possible violation of RPC 7.3(a). The co-location of [the business] and [your] law offices could also present possible violations of RPC 7.3(a). In addition, the Committee was concerned about problems with preserving client confidences. The Committee feels that you would need separate offices, telephone numbers, and bank accounts. The Committee wanted to remind you that client files should not be accessible to [the business's] employees. The Committee was of the opinion that legal fees can be paid by credit card.

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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.