Can a lawyer in a business partnership with a nonlawyer (a divorce mediation business) sign as a lawyer or put 'lawyer' on the business's cards?
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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 inquiry concerned whether a lawyer could sign his or her name as a lawyer on letters written in the capacity of a partner with a therapist in a divorce mediation business, or be identified as a lawyer on business cards for that business. The committee was of the opinion that RPC 5.4(d) prohibits a lawyer from identifying as a lawyer in any business partnership with a nonlawyer.
The committee was also of the opinion that such a business partnership with a nonlawyer must be kept entirely independent from the lawyer's law practice.
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 Treat this page as historical context, not current guidance.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 put 'lawyer' on the cards of a business co-owned with a nonlawyer?
A: Under this 1990 opinion, no; the committee was of the opinion that RPC 5.4(d) prohibits identifying as a lawyer in any business partnership with a nonlawyer.
Q: Can the lawyer sign letters as a lawyer in the mediation business?
A: No; the same prohibition applies to identifying oneself as a lawyer in that nonlawyer business partnership.
Q: How separate must the outside business be?
A: The committee was of the opinion that the partnership with a nonlawyer must be kept entirely independent from the lawyer's law practice.
Background and rules framework
At the time of this opinion, Washington's RPC 5.4(d) restricted a lawyer's participation in business organizations with nonlawyers where the activities involve the practice of law, the subject the Model Rules place in Rule 5.4. The committee read the rule to bar a lawyer from holding out as a lawyer within a nonlawyer business partnership and to require that the outside venture stay independent of the law practice.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.4 (professional independence of a lawyer)
- Washington RPC 5.4(d)
See also
- WA Ethics Op. 1364: Escrow Business With Nonlawyer Owners
- WA Ethics Op. 1353: Law Practice Plus Hypnotherapy
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=454
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning whether it is permissible to sign your name as a lawyer on letters written in your capacity as a partner with a therapist in a divorce mediation business or to be identified as a lawyer on business cards for that business. The Committee was of the opinion that RPC 5.4(d) prohibits a lawyer from identifying himself or herself as a lawyer in any business partnership with a non-lawyer. Also, the Committee was of the opinion that such a business partnership with a non-lawyer must be kept entirely independent from the lawyer's law practice.
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