Advisory Opinion: 1593

Year Issued: 1995

RPC(s): RPC 5.5; 8.3

Subject: Unauthorized practice of law; duty to report professional misconduct

On January 27, 1995, the Committee reviewed your inquiry concerning the ethical responsibility of a Washington State attorney who discovers that an out-of-state attorney has performed various services that may constitute the unauthorized practice of law. The question of what constitutes the unauthorized practice of law either in Washington or in another state is outside the RPC Committee's jurisdiction. Without expressing an opinion on whether the particular services or activities constitute the practice of law, it is the Committee's opinion that an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct.

The Committee reviewed your second inquiry regarding whether the WSBA will consider it an ethical violation if a foreign state bar complains about a Washington state attorney performing various legal services in another state for Washington clients. The RPC Committee does not know how another state's bar complaints against a Washington State attorney on charges of unauthorized practice of law would be handled. However, RPC 5.5 does prohibit a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in the jurisdiction.

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.