Can a lawyer licensed only in Washington use out-of-state association letterhead and represent out-of-state clients?

Plain-English summary

A lawyer licensed only in Washington asked about a multijurisdictional practice: whether it was appropriate to write letters to employers outside Washington, to sign as "attorney at law" on association letterhead with an Oregon address, or to sign on association letterhead with a Washington address. The committee said the answer to these questions depends on whether those activities constitute the unauthorized practice of law in Washington or in other states, and that what constitutes the unauthorized practice of law is a legal question the RPC Committee is not authorized to answer.

On the last question, the committee was of the opinion that the Rules of Professional Conduct would permit the lawyer to represent an out-of-state individual at a hearing before an administrative agency if the agency does not require representatives to be licensed attorneys.

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 Treat this page as historical context, not current guidance.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 5.5 corresponds to ABA Model Rule 5.5 on unauthorized practice and multijurisdictional practice.

Common questions

Q: Did the committee say whether out-of-state letterhead is unauthorized practice?

A: No. The committee said whether the activities constitute the unauthorized practice of law in Washington or other states is a legal question it is not authorized to answer.

Q: Can a Washington-only lawyer represent someone at an out-of-state agency hearing?

A: The committee said the rules would permit representing an out-of-state individual at an administrative agency hearing if the agency does not require representatives to be licensed attorneys.

Background and rules framework

The opinion concerned RPC 5.5 (unauthorized practice and multijurisdictional practice, corresponding to ABA Model Rule 5.5). The committee declined to decide the underlying legal question of what is unauthorized practice, and addressed only the administrative-agency scenario, where lay representation is allowed if the agency does not require a licensed attorney.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 5.5 (unauthorized practice; multijurisdictional practice); Washington RPC 5.5

See also

• WA Ethics Op. 1597: Associating With an Out-of-State Lawyer and Assisting UPL
• WA Ethics Op. 1015: Letterhead Listing an Out-of-State Lawyer as Associated Offices

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=691

Original opinion text

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

Advisory Opinion: 1609
Year Issued: 1995
RPC(s): RPC 5.5
Subject: Multi-state law practice; unauthorized practice of law; letterhead showing out-of-state association

The Committee reviewed your inquiry regarding a multijurisdictional law practice.

Specifically, you ask if it is appropriate for you (1) to write letters to employers outside the State of Washington, (2) to sign your name with "attorney at law" on association letterhead with an address in Oregon, or (3) to sign your name on association letterhead with an address in Washington. You are only licensed to practice law in Washington State. The answer to these questions depends on whether those activities constitute the unauthorized practice of law either in Washington or in other states. The question of what constitutes the unauthorized practice of law is a legal question and the RPC Committee is not authorized to respond to questions of law. Regarding your last question, it is the Committee's opinion that the Rules of Professional Conduct would permit you to represent and out-of-state individual at a hearing before an administrative agency if the agency does not require representatives to be licensed attorneys.