Can a lawyer run an immigration-services business that shares offices with the law practice and refers customers to the lawyer?

Plain-English summary

A lawyer proposed setting up a business to provide immigration and passport photos and to package and arrange immigration petitions for filing. The lawyer would share offices with the business, and the business would refer potential clients to the lawyer.

The committee was of the unanimous opinion that there was a potential for problems with assisting the unauthorized practice of law. It was concerned about a possible violation of RPC 7.3(a) if a person asked a business employee to refer that person to the lawyer, and said the co-location of the business and the law offices could also present possible RPC 7.3(a) violations. The committee was also concerned about preserving client confidences.

The committee stated that the lawyer would need separate offices, telephone numbers, and bank accounts, and reminded the lawyer that client files should not be accessible to the business's employees. It added that legal fees can be paid by credit card.

Currency note

This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 co-locate a law office with a related nonlawyer business that refers clients?

A: The committee saw a potential for assisting the unauthorized practice of law and possible RPC 7.3(a) violations, and said the lawyer would need separate offices, telephone numbers, and bank accounts.

Q: How did the committee address client confidences?

A: It was concerned about preserving confidences and reminded the lawyer that client files should not be accessible to the business's employees.

Q: Did the committee address payment by credit card?

A: Yes. The committee said legal fees can be paid by credit card.

Background and rules framework

The opinion drew on RPC 5.4 and 5.5 (professional independence and unauthorized practice), RPC 7.3(a) (solicitation), and RPC 1.6 (confidentiality), each corresponding to the same-numbered ABA Model Rules. The committee's conditions, separate offices, phone numbers, bank accounts, and walled-off client files, reflected those rules' concerns about a nonlawyer business steering clients to the lawyer and about access to confidential information.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.6 (confidentiality of information); Washington RPC 1.6
• ABA Model Rule 5.4 (professional independence; nonlawyer association); Washington RPC 5.4
• ABA Model Rule 5.5 (unauthorized practice of law); Washington RPC 5.5
• ABA Model Rule 7.3 (solicitation of clients); Washington RPC 7.3(a)

See also

• WA Ethics Op. 1516: Lawyer for a Claim-Buying Company
• WA Ethics Op. 1529: Taking Referrals From a Defunct Nonlawyer Business

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=609

Original opinion text

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

Advisory Opinion: 1528
Year Issued: 1993
RPC(s): RPC 1.6; 5.4; 5.5; 7.3 (a)
Subject: Ancillary business; assisting unauthorized practice of law; office sharing with nonlawyer

[The lawyer proposed setting up a business to provide immigration and passport photos and package and arrange immigration petitions for filing. The lawyer would share offices with the business and the business would refer potential clients to the lawyer.] The Committee was of the unanimous opinion that there was a potential for problems with assisting the unauthorized practice of law. If a person asked [an] employee [of the business] to refer that person to you, the Committee was concerned about a possible violation of RPC 7.3(a). The co-location of [the business] and [your] law offices could also present possible violations of RPC 7.3(a). In addition, the Committee was concerned about problems with preserving client confidences. The Committee feels that you would need separate offices, telephone numbers, and bank accounts. The Committee wanted to remind you that client files should not be accessible to [the business's] employees. The Committee was of the opinion that legal fees can be paid by credit card.