Can a lawyer employ a person who resigned from another state's bar under circumstances tantamount to disbarment?
Apply this to your situation
This page answers the general question as of 1988. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The inquiry concerned the employment of a person who was formerly licensed to practice law in Texas but who resigned under circumstances that "were tantamount to disbarment."
The committee was of the opinion that neither the Rules of Professional Conduct nor Rule 1.1(h) of the Rules for Lawyer Discipline would prohibit the lawyer from employing such a person. The committee did caution that the employer would be obligated to ensure that the employee did not engage in the practice of law.
Currency note
This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. It relies on Rule 1.1(h) of the Washington Rules for Lawyer Discipline (RLD), a disciplinary-rule framework that has since been superseded. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.
Common questions
Q: Can a lawyer hire someone who resigned from another state's bar in lieu of disbarment?
A: Per the opinion, yes. The committee was of the opinion that neither the Rules of Professional Conduct nor Rule 1.1(h) of the Rules for Lawyer Discipline would prohibit employing such a person.
Q: Is there a condition on that employment?
A: Yes. The committee cautioned that the employer would be obligated to ensure that the employee did not engage in the practice of law.
Background and rules framework
The opinion turns on Rule 1.1(h) of the Washington Rules for Lawyer Discipline (RLD) rather than on a numbered Rule of Professional Conduct. The committee read neither the RPC nor RLD 1.1(h) to bar the employment itself, and located the limit elsewhere: the employer's obligation to ensure the disbarred-equivalent employee does not engage in the practice of law.
Citations and references
Disciplinary rules:
- Washington Rules for Lawyer Discipline (RLD) 1.1(h), read by the committee not to prohibit the employment.
See also
- WSBA Ethics Op. 1178: a Washington lawyer in a multi-state firm that employs a disbarred lawyer
- WSBA Ethics Op. 1190: a nonlawyer employee's title and the bar on assisting unauthorized practice
- WSBA Ethics Op. 1184: a lawyer-consultant arrangement and the practice-of-law question
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=288
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1208
Year Issued: 1988
RPC(s): RLD 1.1(h)
Subject: Employment of lawyer who resigned in lieu of disbarment in another state
The Committee considered your inquiry concerning the employment by you of a person who was formerly licensed to practice law in Texas, but who resigned under circumstances that "were tantamount to disbarment." The Committee was of the opinion that neither the Rules of Professional Conduct nor Rule 1.1(h) of the Rules for Lawyer Discipline would prohibit you from employing such a person, but it did want to caution you that you would be obligated to ensure that your employee did not engage in the practice of law.
What do the rules say today, for your facts?
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