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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