Is a government law office, such as the Attorney General's Office, exempt from the rule restricting the employment of a disbarred lawyer as a paralegal?
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This page answers the general question as of 1991. 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
A government office asked about employing a disbarred lawyer as a paralegal. The committee considered whether the rule governing such employment applied to a government law office, here the Attorney General's Office.
The committee was of the opinion that nothing in RLD 1.1(h) (the Rules for Lawyer Discipline provision governing the employment of disbarred lawyers) or in Formal Opinion 184 excepts the Attorney General's Office from the requirements of that rule and that opinion. The office was therefore subject to the same requirements as other employers.
Currency note
This opinion was issued in 1991, before 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 Treat this page as historical context, not current guidance.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 government law office employ a disbarred lawyer as a paralegal without regard to the discipline rule?
A: No. The committee was of the opinion that nothing in RLD 1.1(h) or Formal Opinion 184 excepts the Attorney General's Office from the requirements of that rule and opinion.
Q: Is the Attorney General's Office treated differently from a private employer here?
A: The committee found no exception for the Attorney General's Office; the requirements of RLD 1.1(h) and Formal Opinion 184 applied to it.
Background and rules framework
The opinion read RLD 1.1(h), a provision of Washington's then-current Rules for Lawyer Discipline governing the employment of a disbarred lawyer, together with WSBA Formal Opinion 184, in connection with RPC 5.5 (unauthorized practice of law, ABA Model Rule 5.5). The committee concluded the government setting did not create an exception to those requirements.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.5 (unauthorized practice of law) / Washington RPC 5.5
- Washington Rules for Lawyer Discipline (RLD) 1.1(h): employment of a disbarred lawyer
Other opinions cited:
- WSBA Formal Opinion 184: employment of a disbarred lawyer.
See also
- AL Ethics Op. 1990-02: Disbarred Lawyer's Earned Fees
- DC Ethics Op. 227: Screening Migratory Paralegals
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=518
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1438
Year Issued: 1991
RPC(s): RPC 5.5; RLD 1.1(h); Formal Opinion 184
Subject: Employment of disbarred lawyer by government office
The Committee reviewed your inquiry concerning the employment of a disbarred lawyer as a paralegal in a government office. The Committee is of the opinion that nothing in RLD 1.1(h) or Formal Opinion 184 excepts the Attorney General's Office from requirements of that rule and opinion.
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