Does a Washington lawyer have to report an out-of-state attorney suspected of unauthorized practice, and can a Washington lawyer practice across state lines?

Plain-English summary

A Washington attorney asked about the ethical responsibility of a lawyer who discovers that an out-of-state attorney has performed various services that may constitute the unauthorized practice of law. The committee said the question of what constitutes the unauthorized practice of law, in Washington or another state, is outside the RPC Committee's jurisdiction. Without expressing an opinion on whether the particular services constitute the practice of law, the committee was of the opinion that an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct.

On a second question, whether the WSBA would treat it as an ethical violation if a foreign state bar complained about a Washington attorney performing legal services in another state for Washington clients, the committee said it does not know how another state's complaints would be handled. It noted, however, that RPC 5.5 prohibits a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction.

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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: Must a Washington lawyer report a suspected unauthorized practice by an out-of-state attorney?

A: The committee said an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct, and added that defining the unauthorized practice of law is outside its jurisdiction.

Q: Can a Washington lawyer perform legal services in another state for Washington clients?

A: The committee did not resolve the unauthorized-practice question but noted RPC 5.5 bars practicing law in a jurisdiction where doing so violates that jurisdiction's regulation of the profession.

Background and rules framework

The opinion applied RPC 8.3 (ABA Model Rule 8.3), the misconduct-reporting rule, concluding that subsection (a) imposed no mandatory duty to report on these facts, and RPC 5.5 (ABA Model Rule 5.5), which prohibits practicing law in a jurisdiction in violation of that jurisdiction's regulation of the profession. The committee expressly declined to decide what counts as the unauthorized practice of law.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 5.5 (unauthorized practice; multijurisdictional practice); Washington RPC 5.5
• ABA Model Rule 8.3 (reporting professional misconduct); Washington RPC 8.3, 8.3(a)

See also

• WA Ethics Op. 1247: Reporting Another Lawyer's Misconduct vs. Client Secret
• WA Ethics Op. 899: Renting Space From a Nonlawyer Engaged in Unauthorized Practice

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=675

Original opinion text

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

Advisory Opinion: 1593
Year Issued: 1995
RPC(s): RPC 5.5; 8.3
Subject: Unauthorized practice of law; duty to report professional misconduct

On January 27, 1995, the Committee reviewed your inquiry concerning the ethical responsibility of a Washington State attorney who discovers that an out-of-state attorney has performed various services that may constitute the unauthorized practice of law. The question of what constitutes the unauthorized practice of law either in Washington or in another state is outside the RPC Committee's jurisdiction. Without expressing an opinion on whether the particular services or activities constitute the practice of law, it is the Committee's opinion that an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct.

The Committee reviewed your second inquiry regarding whether the WSBA will consider it an ethical violation if a foreign state bar complains about a Washington state attorney performing various legal services in another state for Washington clients. The RPC Committee does not know how another state's bar complaints against a Washington State attorney on charges of unauthorized practice of law would be handled. However, RPC 5.5 does prohibit a lawyer from practicing law in a jurisdiction where doing so violates the regulation of the legal profession in the jurisdiction.