Opinion 1723

The Committee expresses no opinion regarding the conduct of others. Since you do not present any details regarding your contemplated conduct, we can respond to your contemplated conduct only generally. There is no per se prohibition on the establishment of a law-related business by a lawyer. However, to the extent that any referrals are made by you to the law-related business, your conduct must strictly adhere to the Rules of Professional Conduct including, but not limited to, RPC 1.6, 1.7, 1.8, 5.4, and 5.5 as well as Informal Opinion 87-1. Furthermore, whether an attorney-client relationship exists depends on the subjective understanding of the client, In re Mc Glothlen, 99 Wn.2d 515 (1983). Thus, to the extent that strict separation exists between your legal practice and the law-related business, the law-related business may be held to all of the RPCs. For further analysis of this matter, the Committee refers you to ABA Model Rule 5.7. We specifically note, however, that this Model Rule has not been adopted by Washington.

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.