Advisory Opinion: 1768

Year Issued: 1997

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

Subject: Professional independence; division of fees with nonlawyer practicing before Social Security Administration

Facts/Information Presented: According to the inquiring lawyer, a Social Security claimant may be represented on claims in the Social Security system by nonlawyers. The inquiring lawyer has been approached by a nonlawyer for association on Social Security cases. The inquirer states this would most likely be on a fee-sharing basis, but may involve simply the nonlawyer paying the inquirer a set fee for the lawyer's work.

Question Presented: Do the RPCs permit lawyers to enter such an arrangement with nonlawyers?

Applicable Rules: RPC 5.4(a), 5.4 (b), 7.2(c).

RPC Committee Opinion: The described arrangement is barred by the express language of RPC 5.4(a), 5.4(b) and 7.2(c). That language is unambiguous. Therefore, no exception applies even though nonlawyers may legally practice before the Social Security Administration.

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.