Can a lawyer form a partnership with nonlawyers to market and sell legal forms?
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This page answers the general question as of 1999. 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
The inquiry asked about the ethics of a lawyer forming a partnership to market and sell legal forms to Washington residents. The partnership would not give legal advice but would only sell forms, and it would include nonlawyers.
The committee responded that a Washington lawyer does not appear to violate RPC 5.4(b) by participating in such a partnership, provided the partnership does not give legal advice or engage in other conduct that constitutes the unauthorized practice of law.
Currency note
This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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's RPC 5.4 (professional independence of a lawyer, including the partnership restriction in subsection (b)) was carried into the 2006 revisions with changes, so verify the current rule text before relying on it.
Common questions
Q: Can a lawyer partner with nonlawyers to sell legal forms?
A: The committee concluded that a Washington lawyer does not appear to violate RPC 5.4(b) by participating in a partnership with nonlawyers that markets and sells legal forms.
Q: What is the condition?
A: The partnership must not give legal advice or engage in other conduct that constitutes the unauthorized practice of law.
Background and rules framework
The opinion applied Washington RPC 5.4(b) (professional independence of a lawyer), corresponding to ABA Model Rule 5.4(b), which bars a lawyer from forming a partnership with a nonlawyer if any of the partnership's activities consist of the practice of law. The committee tied its conclusion to the partnership's limitation to selling forms, so that it would not give legal advice or otherwise engage in the unauthorized practice of law.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.4(b) (professional independence; partnership with a nonlawyer); Washington RPC 5.4(b)
See also
- WSBA Ethics Op. 1119: Lawyer-Nonlawyer Partnership
- WSBA Ethics Op. 899: Renting From a Nonlawyer & UPL
- WA Ethics Op. 1488: A Law Practice and Side Business
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=1072
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1879
Year Issued: 1999
RPC(s): RPC 5.4(b)
Subject: Partnership with nonlawyers to market and sell legal forms
The inquirer asked about the ethics of his forming a partnership to market and sell legal forms to Washington residents. The partnership would not give legal advice but only sell forms. The partnership would include nonlawyers.
The committee responded that a Washington lawyer does not appear to violate RPC 5.4(b) by participating in a partnership with nonlawyers, which markets and sells legal forms, provided the partnership does not give legal advice or engage in other conduct that constitutes the unauthorized practice of law.
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