Can a Washington lawyer practice as a shareholder and employee of an out-of-state professional corporation operating a branch office in Washington?
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This page answers the general question as of 1994. 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 lawyer asked whether a Washington lawyer could ethically render legal services as a shareholder and employee of an Oregon corporation that was doing business as a foreign corporation through the firm's branch office located in Washington.
The committee was of the unanimous opinion that nothing in the Rules of Professional Conduct would prohibit such conduct.
Currency note
This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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 Washington lawyer work for a law firm incorporated in another state?
A: The committee was unanimously of the opinion that nothing in the Rules of Professional Conduct prohibits a Washington lawyer from practicing as a shareholder and employee of an out-of-state corporation operating a branch office in Washington.
Q: Did the committee identify any rule that would bar the arrangement?
A: No. The committee's answer was that nothing in the Rules of Professional Conduct would prohibit the described conduct.
Background and rules framework
The committee addressed whether a Washington lawyer's practice as a shareholder and employee of an Oregon professional corporation, operating in Washington as a foreign corporation through a branch office, was permitted under the Rules of Professional Conduct. The committee identified no rule that would prohibit the arrangement and did not cite a specific RPC provision in reaching its unanimous conclusion.
See also
- WA Ethics Op. 1178: Practicing With a Disbarred Lawyer; Multi-State Firm
- WA Ethics Op. 1031: Multi-State Practice and Which Trust-Account Rules Apply
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=641
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1560
Year Issued: 1994
RPC(s):
Subject: Lawyer practicing in Washington employed by firm incorporated in other state
The Committee reviewed your inquiry regarding whether a Washington lawyer could ethically render legal services as a shareholder/employee of an Oregon corporation doing business as a foreign corporation in the firm's branch office located in Washington. The Committee was of the unanimous opinion that nothing in the Rules of Professional Conduct would prohibit such conduct.
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