If a Washington lawyer associates with an out-of-state lawyer, can the Washington lawyer be disciplined for assisting the unauthorized practice of law?

Plain-English summary

A lawyer asked whether a Washington attorney's association with an out-of-state lawyer violates RPC 5.4 or RPC 5.5. The committee explained that whether someone is practicing law without a license turns on what constitutes the unauthorized practice of law, which is a substantive legal question, and that the RPC Committee is not authorized to answer questions of law.

The committee did identify the rule that would apply: if the out-of-state attorney's conduct does constitute the unauthorized practice of law, and a Washington-licensed attorney is assisting that attorney, the Washington attorney would be in violation of RPC 5.5(b).

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 Treat this page as historical context, not current guidance.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. RPC 5.4 corresponds to ABA Model Rule 5.4 (professional independence) and RPC 5.5 to ABA Model Rule 5.5 (unauthorized practice and multijurisdictional practice).

Common questions

Q: Did the committee say whether associating with an out-of-state lawyer is the unauthorized practice of law?

A: No. It said whether conduct is the unauthorized practice of law is a substantive legal question the committee is not authorized to answer.

Q: When would the Washington lawyer be in violation?

A: The committee said that if the out-of-state attorney's conduct does constitute the unauthorized practice of law and a Washington-licensed attorney is assisting that attorney, the Washington attorney would violate RPC 5.5(b).

Background and rules framework

The opinion concerned RPC 5.4 (professional independence of a lawyer, corresponding to ABA Model Rule 5.4) and RPC 5.5 (unauthorized practice of law, corresponding to ABA Model Rule 5.5). The committee did not decide the underlying legal question of what is unauthorized practice; it applied RPC 5.5(b), which addresses a lawyer assisting another in the unauthorized practice of law.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 5.4 (professional independence of a lawyer); Washington RPC 5.4
• ABA Model Rule 5.5 (unauthorized practice of law); Washington RPC 5.5(b)

See also

• WA Ethics Op. 1593: Out-of-State Unauthorized Practice and the Duty to Report
• WA Ethics Op. 1165: Aiding a Client's Unauthorized Practice of Law

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=679

Original opinion text

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

Advisory Opinion: 1597
Year Issued: 1995
RPC(s): RPC 5.4; 5.5
Subject: Unauthorized practice of law; association with out-of-state lawyer

The Committee reviewed your inquiry regarding whether a Washington State attorney's association with an out-of-state lawyer violates RPC 5.4 or 5.5. Whether an attorney is practicing law without a license depends on the question of what constitutes the unauthorized practice of law, which is a substantive legal question. The RPC Committee is not authorized to respond to questions of law. If the conduct of an out-of-state attorney does constitute the unauthorized practice of law, and an attorney licensed in Washington is assisting that attorney, the Washington attorney would be in violation of RPC 5.5(b).