Can a Washington lawyer practice in a firm owned by a lawyer licensed only in another state, and can the out-of-state lawyer handle federal matters for Washington clients?

Plain-English summary

The inquiry described an out-of-state lawyer who is the sole owner of a professional services corporation that wants to employ the inquirer, a licensed Washington lawyer, to provide legal services in Washington, with the corporation collecting all fees. It was assumed that all Washington legal work, including estate planning and other services constituting the practice of law in Washington, would be done by the Washington lawyer. The inquirer asked: (1) whether the Washington lawyer may practice in Washington with a lawyer licensed only in another state; (2) whether the out-of-state lawyer may assist the Washington lawyer on federal tax and other federal law questions; and (3) whether the out-of-state lawyer may consult with Washington clients on matters solely related to federal issues.

On the first question, the committee concluded that, under the Rules of Professional Conduct in general, there is nothing prohibiting lawyers licensed in different jurisdictions from associating or maintaining a regional or national law firm. The committee said the remaining questions relate to what constitutes the unauthorized practice of law, which is beyond the committee's scope, so it was unable to answer them.

Currency note

This opinion was issued in 2002, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Washington later adopted multijurisdictional-practice provisions in RPC 5.5; the analysis here predates those amendments. 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 Treat this page as historical context, not current guidance.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.

In practice

Under the Washington rules as they stood at the time of the opinion, the committee treated cross-jurisdiction firm association as not, in itself, prohibited: lawyers licensed in different states may associate or maintain a regional or national firm. The committee did not reach whether the out-of-state lawyer could handle federal matters for Washington clients, treating those as unauthorized-practice questions outside its purview.

Common questions

Q: Can a Washington lawyer practice in a firm with a lawyer licensed only in another state?

A: The committee concluded that, in general, nothing in the Rules of Professional Conduct prohibits lawyers licensed in different jurisdictions from associating or maintaining a regional or national law firm.

Q: Can the out-of-state lawyer handle federal tax or federal-law matters for the firm's Washington clients?

A: The committee declined to answer, saying the question concerns what constitutes the unauthorized practice of law, which is beyond the committee's scope.

Q: Can the out-of-state lawyer consult directly with Washington clients on federal issues?

A: The committee likewise did not answer this question, treating it as an unauthorized-practice-of-law question outside its scope.

Background and rules framework

The opinion concerns multijurisdictional practice and the unauthorized practice of law, governed by RPC 5.5 (corresponding to Model Rule 5.5). The committee answered only the firm-association question (cross-jurisdiction firms are not prohibited in general) and expressly declined the questions about an out-of-state lawyer handling federal matters, identifying them as unauthorized-practice questions outside its scope. The opinion reflects Washington's pre-2006 rule numbering, before Washington adopted detailed multijurisdictional-practice provisions.

Citations and references

Rules of Professional Conduct:

• Model Rule 5.5 / Washington RPC 5.5 (unauthorized practice of law; multijurisdictional practice)

See also

• WSBA Ethics Op. 1178: Practicing With a Disbarred Lawyer in a Multi-State Firm
• WSBA Ethics Op. 1031: Multistate Practice and Which Trust-Account Rules Apply
• WSBA Ethics Op. 1165: Aiding a Client's Unauthorized Practice of Law

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1242

Original opinion text

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

Advisory Opinion: 1995
Year Issued: 2002
RPC(s):
Subject: multijurisdictional practice, unauthorized practice of law

The inquirer posed a situation in which an out-of-state lawyer who is the sole owner of a professional services corporation wants to employ the inquirer, a licensed Washington state lawyer, to provide legal services in Washington. The professional services corporation would collect all fees generated. It is assumed that all legal work pertaining to Washington State would be done by the inquirer and all estate planning or other services which would constitute the practice of law in Washington would be performed by the Washington lawyer. The inquirer asks the following:

1. May the inquirer practice law in the state of Washington with a lawyer licensed only in another state? 2. May the out-of-state lawyer assist the Washington lawyer on issues that involve federal tax matters and other federal law questions? 3. May the out-of-state lawyer consult with Washington clients on matters solely related to federal issues?

Regarding question one, the committee opined that under the Rules of Professional Conduct, in general, there is nothing prohibiting lawyers licensed in different jurisdictions from associating or maintaining a regional or national law firm. The remaining questions relate to what constitutes the unauthorized practice of law. Such questions are beyond the scope of the committee, so the committee is unable to answer them.