Can a lawyer work through a placement service that places attorneys with firms as independent contractors?
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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry concerned a lawyer's participation in a lawyer placement service. On further investigation, the committee learned that the placement service does not engage in the practice of law, and that the sole purpose of the corporation is to place attorneys as independent contractors with law firms or sole practitioners. The hiring firm bills its clients directly for the services of the independent contractors; the placement service then bills the hiring firm for the contracted lawyer's services, extracts a commission or placement fee from that amount, and tenders the remainder to the contract lawyer.
The committee concluded that nothing in the conduct of this placement service violates RPC 5.4(d).
Currency note
This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Can a lawyer take assignments through a contract-lawyer placement service?
A: The committee concluded that nothing in the conduct of the described placement service violates RPC 5.4(d).
Q: What features of the service did the committee rely on?
A: That the service does not practice law and exists solely to place attorneys as independent contractors, with the hiring firm billing clients directly and the service taking a commission or placement fee from the amount it bills the firm.
Background and rules framework
The opinion applied Washington RPC 5.4(d) (the form-of-practice rule limiting nonlawyer ownership and control of a law practice, corresponding to ABA Model Rule 5.4(d)), and found that a placement service that does not itself practice law, but only places attorneys as independent contractors, does not run afoul of that rule.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.4 (professional independence of a lawyer); Washington RPC 5.4(d)
See also
- CA Op. 1992-126: Temporary Attorney Employment Agencies
- CBA Formal Op. 105: Temporary Lawyers
- GA Ethics Op. 05-9: Use of Temporary Lawyers
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1128
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1083
Year Issued: 1987
RPC(s): RPC 5.4(d)
Subject: Contract or temporary lawyer service
The Committee considered your inquiry concerning a lawyer's participation in a lawyer placement service. On further investigation, the Committee learned that the placement service does not engage in the practice of law, and the sole purpose of the corporation is to place attorneys as independent contractors with law firms or sole practitioners. The hiring law firm bills its clients directly for the services of the independent contractors placed by the service, and the placement service then bills the hiring law firm for the services of the contracted lawyer, a commission or placement fee is extracted from that fee, and the remainder is tendered to the contract lawyer.
The Committee was of the opinion that nothing in the conduct of this placement service violates Rule 5.4(d) of the Rules of Professional Conduct.
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