Advisory Opinion: 1605

Year Issued: 1995

RPC(s): RPC 5.4(a); 7.2(c); 7.3(a)

Subject: Fee sharing with nonlawyer; solicitation.

The Committee reviewed your inquiry regarding the employment of a nonlawyer who is a former officer of a bank. The Committee understood that the nonlawyer would be paid a base fee plus a percentage bonus based upon the gross fees from the clients he generated. Also, the employee would solicit clients for the law firm. The Committee was of the opinion that the proposed fee splitting would be improper and violate RPC 5.4(a) and RPC 7.2(c). In addition, the Committee was of the opinion that if the nonlawyer were soliciting clients who had not had a previous relationship with the law firm, it would violate RPC 7.3 (a).

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.