WSBA 1995

Can a lawyer offer a service that just helps pro se divorce litigants fill out their court forms?

Short answer: The committee was of the opinion that providing such a form-completion service is the practice of law and that the proposal is fraught with violations of the Rules of Professional Conduct.

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This page answers the general question as of 1995. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1995
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer asked about the ethical implications of a proposal to assist pro se divorce clients in filling out their divorce forms. The committee was of the opinion that providing this service is the practice of law, and that the proposal is fraught with violations of the Rules of Professional Conduct.

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 Treat this page as historical context, not current guidance.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. Washington later adopted rules and forms governing limited-scope representation, which are not reflected in this 1995 opinion.

Common questions

Q: Is helping pro se litigants fill out divorce forms the practice of law?

A: The committee said yes; providing this service is the practice of law.

Q: Did the committee approve the proposed service?

A: No. The committee said the proposal is fraught with violations of the Rules of Professional Conduct.

Background and rules framework

The committee treated the proposed form-completion service as the practice of law, which brings the full set of Rules of Professional Conduct into play rather than allowing the lawyer to provide the service as a limited, non-representation task. The published opinion states the conclusion without enumerating specific rule numbers.

Citations and references

The opinion as published does not cite specific Rule of Professional Conduct numbers; it states that the proposed service is the practice of law and is fraught with rule violations.

See also

Source

Original opinion text

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

Advisory Opinion: 1620
Year Issued: 1995
RPC(s):
Subject: Assisting pro se dissolution litigants in completing forms

The Committee discussed your inquiry regarding the ethical implications in your proposal to assist pro se divorce clients in filling out their divorce forms. The Committee is of the opinion that providing this service is the practice of law and the proposal is fraught with violations of the Rules of Professional Conduct.

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