Can a lawyer form a partnership with a nonlawyer to run a child-custody evaluation business?
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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 committee was of the opinion that a lawyer could form a partnership with a non-lawyer for the purpose of starting a custody evaluation business. Because such a business would not constitute the practice of law, the lawyer would not violate RPC 5.4(b), which restricts partnerships with nonlawyers where the activities consist of practicing law.
The committee added that the fact that advertisements for the service would identify that the partnership includes a person trained and licensed as a lawyer would not change the activities of the partnership. The committee did note that the inquirer should incorporate a form acknowledgement, for signature by the adversary clients of the custody evaluation business, covering the fact that no attorney-client relationship is to be formed.
Currency note
This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The professional-independence rule then numbered RPC 5.4(b) corresponds to Model Rule 5.4(b) and was later amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.
Common questions
Q: Can a lawyer go into business partnership with a nonlawyer?
A: Per the opinion, yes for a business that is not the practice of law. The committee was of the opinion that a custody evaluation business would not constitute the practice of law, so the partnership would not violate RPC 5.4(b).
Q: Can the business advertise that one partner is a lawyer?
A: Yes. The committee was of the opinion that advertising that the partnership includes a person trained and licensed as a lawyer would not change the activities of the partnership.
Q: Did the committee suggest any safeguard?
A: Yes. The committee noted that the business should incorporate a form acknowledgement, signed by its clients, covering the fact that no attorney-client relationship is to be formed.
Background and rules framework
The opinion applies Washington RPC 5.4(b) (a lawyer shall not form a partnership with a nonlawyer if any of the activities consist of the practice of law), corresponding to Model Rule 5.4(b). The committee's conclusion turns on characterizing the custody evaluation business as something other than the practice of law; with that characterization, the partnership falls outside the rule, and the only caution is the no-attorney-client-relationship acknowledgement for the business's clients.
Citations and references
Rules of Professional Conduct:
- Washington RPC 5.4(b) (partnership with a nonlawyer where activities consist of the practice of law), corresponding to Model Rule 5.4(b).
See also
- WSBA Ethics Op. 1068: owning a counseling business with non-lawyers and serving as its director and counsel
- WSBA Ethics Op. 938: owning an escrow company with a non-lawyer and taking its referrals
- WSBA Ethics Op. 896: running a law firm out of the offices of a non-law business
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=199
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1119
Year Issued: 1987
RPC(s): RPC 5.4(b)
Subject: Partnership with nonlawyer; custody evaluation business does not constitute practice of law; advertisement
The Committee was of the opinion that a lawyer could form a partnership with a non-lawyer for the purpose of starting a custody evaluation business. The Committee was of the opinion that such a business would not constitute the practice of law and therefore the lawyer would not violate RPC 5.4(b). Further, the fact that advertisements for the service would identify that the partnership includes a person trained and licensed as a lawyer would not change the activities of the partnership. The Committee did note that you should incorporate a form acknowledgement for signature by the adversary clients of the custody evaluation business covering the fact that no attorney/client relationship is to be formed.
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