Can a Washington lawyer who has been suspended work as a paralegal, including in another state that allows suspended lawyers to do paralegal work?

Plain-English summary

The inquirer was admitted to both the Washington and Oregon bars and suspended from both. Oregon allowed suspended lawyers to work as paralegals while suspended, but Washington did not. The inquirer worked at an Oregon law firm that also had a Washington-admitted lawyer, and asked two questions: first, whether the inquirer could perform paralegal activities in Oregon on a lawsuit pending in a Washington superior court; and second, whether the Washington-admitted lawyer handling the Washington suit would violate RLD 1.1(h) by directing the inquirer to do legal research about the pending Washington case.

The committee concluded that the answer to the first question is no: a Washington lawyer who is suspended may not work as a paralegal anywhere at all. The committee said that answer renders the second question moot.

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. The opinion relies on the Washington Rules for Lawyer Discipline (RLD) in effect at the time, which were later superseded by the Rules for Enforcement of Lawyer Conduct (ELC). 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 Treat this page as historical context, not current guidance.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 a suspended Washington lawyer's paralegal work as categorically prohibited, regardless of where it occurs, even in a jurisdiction (Oregon) that permitted suspended lawyers to do paralegal work. The committee did not reach the supervising-lawyer question because the answer to the first question disposed of it.

Common questions

Q: Can a suspended Washington lawyer work as a paralegal in another state that allows it?

A: No. The committee concluded that a suspended Washington lawyer may not work as a paralegal anywhere at all, even in a state (here, Oregon) that allows suspended lawyers to do paralegal work.

Q: Does it matter that the paralegal work would be done in Oregon on a Washington case?

A: The committee's answer did not turn on location; it concluded a suspended Washington lawyer may not work as a paralegal anywhere, so doing the work in Oregon did not make it permissible.

Q: What about the colleague who would direct the suspended lawyer's research?

A: The committee said its answer to the first question renders the second question (about the Washington-admitted lawyer's direction of the suspended lawyer under RLD 1.1(h)) moot.

Background and rules framework

The opinion addresses the activities a suspended lawyer may undertake, which fall under the unauthorized-practice and professional-discipline framework (RPC 5.5, corresponding to Model Rule 5.5, on the unauthorized practice of law). The committee grounded its answer in the Washington Rules for Lawyer Discipline (the inquiry referenced RLD 1.1(h)), concluding that a suspended Washington lawyer is barred from paralegal work everywhere. The opinion reflects Washington's pre-2006 rule numbering and the RLD framework then in force.

Citations and references

Rules of Professional Conduct:

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

Court rules:

• Washington Rules for Lawyer Discipline (RLD) 1.1(h) (conduct of a suspended lawyer), referenced in the inquiry.

See also

• WSBA Ethics Op. 1178: Practicing With a Disbarred Lawyer in a Multi-State Firm
• WSBA Ethics Op. 1061A: Employment of a Disbarred Attorney
• WSBA Ethics Op. 1165: Aiding a Client's Unauthorized Practice of Law

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1245

Original opinion text

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

Advisory Opinion: 2003
Year Issued: 2002
RPC(s):
Subject: Paralegal work by a suspended lawyer

The inquirer is admitted to the Washington and Oregon bars and is suspended from both. Evidently, the Oregon Bar allows suspended lawyers to work as paralegals while suspended, but Washington does not. The inquirer is currently working at an Oregon law firm that also has a lawyer admitted to the Washington Bar. The inquirer asks two questions. First, may the inquirer perform paralegal activities in Oregon with respect to a lawsuit which is pending in a Washington superior court; and, second, would the other Washington admitted lawyer at the firm who is handling the Washington lawsuit violate RLD 1.1(h) by directing the inquirer to do legal research about the pending Washington case.

The committee opined that with respect to question one the answer is no. Indeed, a Washington lawyer who is suspended may not work as a paralegal anywhere at all. The committee’s answer to question one renders question two moot.