Can a lawyer assist a client whose own activities may be the unauthorized practice of law?

Plain-English summary

The inquiry asked whether the lawyer's proposed client would be engaging in the unauthorized practice of law. The committee was of the opinion that whether the client's activity constituted unauthorized practice was a legal question, and that under the rules imposed on it by the Board of Governors of the Washington State Bar Association, the committee could not render legal opinions.

The committee did address the ethics consequence. It was of the opinion that if the client would be engaging in the unauthorized practice of law, then RPC 5.5(b) would prohibit the lawyer from assisting that client in such conduct.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 5.5(b), barring a lawyer from assisting in the unauthorized practice of law, corresponds to Model Rule 5.5 and was later renumbered and 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 Treat this page as historical context, not current guidance.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: Will the ethics committee decide whether a client's activity is the unauthorized practice of law?

A: No. The committee was of the opinion that whether the conduct was unauthorized practice was a legal question, and that it could not render legal opinions under the rules imposed on it by the Board of Governors.

Q: If the client is engaged in unauthorized practice, can the lawyer help?

A: Per the opinion, no. The committee was of the opinion that if the client would be engaging in the unauthorized practice of law, RPC 5.5(b) would prohibit the lawyer from assisting that conduct.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 5.5(b), corresponding to Model Rule 5.5, which bars a lawyer from assisting another in the unauthorized practice of law. The committee separated the legal question (whether the client's activity is unauthorized practice), which it declined to answer, from the ethics question (the lawyer's duty if the activity is unauthorized practice), which it answered by pointing to RPC 5.5(b)'s prohibition on assisting such conduct.

Citations and references

Rules of Professional Conduct:

• Washington RPC 5.5(b) (assisting in the unauthorized practice of law), corresponding to Model Rule 5.5.

See also

• WSBA Ethics Op. 1116: a collection agency preparing pleadings for a lawyer's review
• WSBA Ethics Op. 953: practicing with or employing a suspended lawyer

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=245

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1165
Year Issued: 1988
RPC(s): RPC 5.5(b)
Subject: Aiding unauthorized practice.

The Committee was of the opinion that the question of whether your proposed client would be engaging in the unauthorized practice of law, is a legal question, and pursuant to the rules imposed upon the Committee by the Board of Governors of the Washington State Bar Association, the Committee cannot render legal opinions. However, the Committee was of the opinion if your client would be engaging in the unauthorized practice of law, then RPC 5.5(b) would prohibit you from assisting that client in such conduct.