Can a lawyer run a hypnotherapy practice alongside a law practice?
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This page answers the general question as of 1990. 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 inquiring lawyer asked whether anything in the Rules of Professional Conduct would prohibit conducting a hypnotherapy practice along with a law practice. The committee was of the opinion that nothing in the rules would prohibit such a practice, but offered several cautions.
The committee was of the opinion that the lawyer should prepare and maintain separate fee schedules for legal services and hypnotherapy services, and should not use one practice as a source of referrals for the other. The committee cautioned that the lawyer should be careful not to violate RPC 7.1(b) by creating unjustified expectations, that is, by implying the lawyer could achieve results through hypnotherapy that the lawyer might not be able to achieve as a lawyer. Finally, the committee cautioned that the lawyer should disclose to hypnotherapy clients that the attorney-client relationship and privilege do not apply when the lawyer acts in that capacity, and should obtain a consent to that effect.
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 Treat this page as historical context, not current guidance.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 lawyer also work as a hypnotherapist?
A: Under this 1990 opinion, yes; the committee was of the opinion that nothing in the Rules of Professional Conduct prohibits running a hypnotherapy practice along with a law practice.
Q: What cautions did the committee attach?
A: Keep separate fee schedules for the two practices, do not use one as a referral source for the other, avoid creating unjustified expectations under RPC 7.1(b), and disclose to hypnotherapy clients that the attorney-client privilege does not apply.
Q: Does the attorney-client privilege cover the hypnotherapy work?
A: No. The committee was of the opinion that the lawyer should disclose to hypnotherapy clients that the attorney-client relationship and privilege do not apply when acting in that capacity, and obtain consent to that effect.
Background and rules framework
At the time of this opinion, Washington's RPC 7.1(b) addressed communications that create unjustified expectations about a lawyer's services, the subject the Model Rules place in Rule 7.1. The committee found no bar to the dual practice itself and framed its cautions around keeping the two businesses distinct and not misleading clients about what either could deliver or about the protections that attach to the legal relationship.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 7.1 (communications creating unjustified expectations)
- Washington RPC 7.1(b)
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=433
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning the question whether there was anything in the Rules of Professional Conduct which would prohibit you from conducting a hypnotherapy practice along with your law practice. The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit such a practice. However, the Committee wants to caution you in some regards. First, the Committee was of the opinion you should prepare and have separate fee schedules for legal services and hypnotherapy services and that you should not use one practice as a source of referrals for the other. Further, the Committee cautioned that you should be careful not to violate RPC 7.1(b) in creating any unjustified expectations by implying that you can achieve results through your hypnotherapy practice that you may not be able to achieve as a lawyer. Further, the Committee cautioned that you should be sure to disclose to your hypnotherapy clients that the attorney/client relationship and privilege do not apply when you are acting in that capacity and that you should obtain a consent to that effect.
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