Opinion 1577

The Committee reviewed your inquiry regarding whether an attorney may work for a temporary employment agency where: (1) the temporary agency is a for profit entity; (2) the lawyer is paid on an hourly, or by the project, basis by the temporary agency; (3) the temporary agency may contact potential employers in its database to inform them of the availability of the lawyer's services; (4) the temporary agency is paid by its client, which is the employer; and (5) the attorney maintains professional independence, is not restricted in their right to practice, and all communications including advertising are made in compliance with the Rules of Professional Conduct.

In response to your inquiry, the Committee refers you to ABA Committee on Ethics and Professional Responsibility, Formal Opinion 356 (1988). The Committee adopted only part of this ABA Formal Opinion which addresses your specific questions above, with the caveat that Washington's conflict of interest rules somewhat differ from the ABA Model Rules on conflict of interest.

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.