Advisory Opinion: 1589

Year Issued: 1994

RPC(s): RPC 1.1; 1.2; 1.3; 1.4; 5.4; 7.2(c)

Subject: Lawyer providing legal advice to callers of 900 number owned by nonlawyers

[November 15, 1994] The Committee reviewed your inquiry regarding the ethical propriety of an attorney working with a company owned by non-attorneys to provide legal advice to clients calling a "1-900" number. The Committee was of the opinion that this situation violates both RPC 5.4(a) and (b) and 7.2(c). Also, because the advice given is prerecorded, concerns regarding the competency of the advice raises serious malpractice questions under RPC 1.1, 1.2, 1.3 and 1.4.

[March 30, 1995] The Committee reviewed your follow-up inquiry to its previous opinion that the 900 telephone number venture which you inquired about before would violate certain aspects of the Rules of Professional Conduct. You have inquired as to how that operation differed from others operated by such organizations as American Express. Upon review, the Committee determined that the type of program offered by American Express is a prepaid legal service plan while that which was the subject of your inquiry is a solicitation program. The Committee concluded to stand by its previous opinion.

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.