Advisory Opinion: 1597

Year Issued: 1995

RPC(s): RPC 5.4; 5.5

Subject: Unauthorized practice of law; association with out-of-state lawyer


The Committee reviewed your inquiry regarding whether a Washington State attorney's association with an out-of-state lawyer violates RPC 5.4 or 5.5. Whether an attorney is practicing law without a license depends on the question of what constitutes the unauthorized practice of law, which is a substantive legal question. The RPC Committee is not authorized to respond to questions of law. If the conduct of an out-of-state attorney does constitute the unauthorized practice of law, and an attorney licensed in Washington is assisting that attorney, the Washington attorney would be in violation of RPC 5.5(b).

***

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.