Can a lawyer produce and sell fill-in-the-blank eviction forms with an informational brochure to the public?

Plain-English summary

The committee addressed the production and sale of legal forms for securing evictions under the Residential Landlord-Tenant Act, distributed together with an informational brochure (apparently in connection with a library). The committee concluded that, whether or not the activity amounts to practicing law, it is authorized.

Two conditions accompany that conclusion. As with any written communication, the materials must comply with RPC 7.1's requirements for accuracy and completeness. And compliance with RPC 7.1 and RPC 7.3 requires making clear, as the inquirer proposed, that the seller and the library are not undertaking to act as an attorney for the purchaser. The committee added that it does not opine about the civil liability of issuing and distributing the forms and brochures.

Currency note

This opinion was issued in 2003, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct, which reorganized the advertising and solicitation rules. 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 Treat this page as historical context, not current guidance.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 the production and sale of eviction forms plus an informational brochure as authorized, leaving aside whether it is the practice of law, and conditioned on two things: the materials must be accurate and complete under RPC 7.1, and they must make clear under RPC 7.1 and 7.3 that neither the seller nor the library is acting as the purchaser's attorney. Per the opinion, the committee expressly did not address civil liability arising from issuing or distributing the forms and brochures.

Common questions

Q: Is selling do-it-yourself eviction forms to the public allowed?

A: The committee said producing and selling legal forms for securing evictions under the Residential Landlord-Tenant Act, with an informational brochure, is authorized whether or not it constitutes practicing law, subject to compliance with RPC 7.1 and 7.3.

Q: What has to appear in the forms or brochure?

A: The committee said the materials must comply with RPC 7.1's accuracy and completeness requirements, and must make clear that the seller and the library are not undertaking to act as an attorney for the purchaser.

Q: Did the committee address whether the seller could be liable for the forms?

A: No. The committee stated that it does not opine about the civil liability of issuing and distributing the forms and brochures.

Background and rules framework

The opinion interprets Washington's advertising and solicitation rules, which correspond to the Model Rules of the same number: RPC 7.1 (Model Rule 7.1, communications concerning a lawyer's services, requiring that they not be false or misleading) and RPC 7.3 (Model Rule 7.3, solicitation and direct contact with prospective clients). The committee applied these rules to written materials sold to the public, requiring accuracy and a clear statement disclaiming any attorney-client relationship. It left the unauthorized-practice question unresolved, concluding the activity is authorized "whether or not it is practicing law," and declined to address civil liability.

Citations and references

Rules of Professional Conduct:

• Model Rule 7.1 / Washington RPC 7.1 (communications concerning a lawyer's services; accuracy and completeness)
• Model Rule 7.3 / Washington RPC 7.3 (solicitation; disclaiming an attorney-client relationship)

Statutes:

• Residential Landlord-Tenant Act (RCW 59.18), the subject matter of the eviction forms

See also

• WSBA Ethics Op. 1879: Selling Legal Forms With Nonlawyers
• WSBA Ethics Op. 1916: Online Estate Planning Site
• WSBA Ethics Op. 1930: Nonlawyer-Owned .com Law Site

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1268

Original opinion text

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

Advisory Opinion: 2026
Year Issued: 2003
RPC(s): RPC 7.1, 7.3
Subject: production and sale of legal forms; unauthorized practice of law

It is the opinion of the committee that, whether or not it is practicing law, the production and sale of legal forms for securing evictions under the Residential Landlord Tenant Act along with an informational brochure is authorized. As with any written communication, you must be certain to comply with the requirements for accuracy and completeness of RPC 7.1. Compliance with that rule and with RPC 7.3 also require that you make it clear, as you propose, that you and the library are not undertaking to act as an attorney for the purchaser. The committee does not opine about the civil liability of issuing and distributing the forms and brochures.