Opinion 1747

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry regarding employment with a nonlawyer estate planning firm as follows:

Question 1: Does your involvement in this business transaction, which involves receipt of a portion of the fees paid by the estate planning firm's clients for your services in reviewing the trusts, violate any Rules of Professional Conduct?

Response: RPC 5.4(a) prohibits a lawyer from sharing legal fees with a nonlawyer except under certain limited circumstances that do not apply herein. Therefore, the proposed fee splitting arrangement will violate RPC 5.4(a). This arrangement may also affect your exercise of professional independence and judgment in violation of RPC 5.4(c).

Question 2: Would the company or the out of state attorney not licensed to practice in Washington be engaging in the unauthorized practice of law?

Response: The question of whether this conduct constitutes the practice of law is a legal question. The committee does not pass on legal questions. However, assuming that it is the unauthorized practice of law, you would appear to be assisting the unauthorized practice of law by participating in this arrangement.

Question 3: If the answers to the first two questions [are] "yes", what changes could be made in the process to comply with the Rules?

Response: Because you have not specified your contemplated conduct, the committee cannot provide advice on this question.

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.