Can a lawyer let a property management company prepare eviction pleadings on lawyer-approved forms if the lawyer reviews and signs everything before filing?

Plain-English summary

The inquiring lawyer represented a property management firm that handled evictions for landlord clients. Under the proposed workflow, the management company would prepare a complaint on a form the lawyer had approved, the landlord would review and verify it, and the summons and complaint would then go to the lawyer for review and signature. If the tenant answered, the answer was served on the lawyer, who prepared any motion and order to show cause and appeared at the show-cause hearing. If the tenant did not answer, the company prepared a default motion and associated pleadings on lawyer-approved forms, which the lawyer again reviewed and presented in court. The lawyer billed the client under an agreed fee schedule.

The committee was of the opinion that, because the lawyer exercised independent professional judgment before any pleadings were served or filed, nothing in the proposed arrangement would violate the Rules of Professional Conduct.

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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 nonlawyer property manager prepare eviction pleadings for a lawyer to file?

A: Under this 1990 opinion, yes, where the pleadings are prepared on forms the lawyer approved and the lawyer reviews and signs them before they are served or filed, so the lawyer's independent professional judgment is exercised first.

Q: What made the arrangement permissible rather than assisting unauthorized practice?

A: The committee focused on timing: the lawyer exercised independent professional judgment before any pleading was served or filed, so the committee found nothing in the arrangement violated the rules.

Q: Did the lawyer have to appear in court personally?

A: In the facts the committee reviewed, the lawyer prepared and presented motions in court and appeared at the show-cause hearing with the landlord; the management company's role was limited to preparing documents on approved forms.

Background and rules framework

At the time of this opinion, Washington's RPC 5.5(b) addressed assisting a person who is not a member of the bar in the unauthorized practice of law, the subject the Model Rules place in Rule 5.5. The committee treated the lawyer's pre-filing exercise of independent professional judgment as the controlling fact, distinguishing permissible delegation of clerical and form-preparation work from a nonlawyer practicing law.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 5.5 (unauthorized practice of law)
• Washington RPC 5.5(b) (assisting unauthorized practice)

See also

No sibling opinions yet indexed.

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=419

Original opinion text

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

The Committee reviewed your inquiry concerning your conduct in representation of a property management firm which carries out evictions for landlord clients. The Committee understood the facts to be that the management company client would prepare a complaint which had been approved as to form by you, that the complaint would be reviewed and verified by the landlord and that the summons and complaint would then submitted to you for your review and signature. If the tenant filed an answer, it would be served upon you. Any motion and order to show cause would be prepared by you and you would appear at the show cause hearing with the landlord.

If the tenant did not answer, the client prepares a motion for default and associated pleadings on forms provided and approved by you. You again would review those documents and present them in court. You would bill the client for your services according to an agreed upon fee schedule.

The Committee was of the opinion that, because you are exercising your independent professional judgment prior to any pleadings being served or filed, nothing in this proposed arrangement would violate the Rules of Professional Conduct.