Advisory Opinion: 1722

Year Issued: 1997

RPC(s): RPC 1.6; 1.7; 5.4(b); 5.4(c); 5.5(b); 7.1(a); 7.1(b); 7.3(a)

Subject: Advertising; unauthorized practice of law; publicizing that lawyer has joined a nonlaw business

The question of whether your proposed conduct (i.e., joining a property management business and publicizing the fact that you are a lawyer in the business as described in your statement of facts) would be the practice of law is a legal question. The RPC Committee declines to answer legal questions. However, if the conduct does constitute the practice of law, then your conduct would be in violation of RPC 5.4(b), and would be potentially in violation of RPC 7.1(a)(b) and 7.3(a). There is also a question of whether RPC 1.6 and 1.7 would be violated if the property management company were to represent adjoining landowners. Even if you did not advertise yourself as a lawyer, you should still be aware of RPC 5.4(c), 5.5(b), and 1.6.

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.