Can a prosecutor's office keep employing a lawyer who is being suspended or disbarred, even in a non-lawyer position?

Plain-English summary

A county prosecutor wanted to hire someone as a Crime Victim/Witness Coordinator, a position that does not require a law license and in which the person would not be expected or permitted to practice law. The candidate was a licensed attorney facing possible suspension or disbarment on the WSBA's recommendation, with the license issue on appeal before the Supreme Court. The prosecutor asked whether keeping that person employed during a suspension or disbarment would violate the RPCs.

The committee answered yes. It said RPC 5.5(d) prohibits a lawyer from maintaining an office for the practice of law in a room or office occupied or used by an individual who is disbarred, suspended, or resigned in lieu of disbarment, and further prohibits a lawyer from practicing law under any arrangement for compensation of any kind with such an individual, or in cooperation with such an individual, as outlined in Formal Opinion 184. The committee said the prohibition is effective upon the date of disbarment, suspension, or resignation.

Currency note

This opinion was issued in 2004, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. The rules were renumbered and revised in 2006, and the provisions governing a lawyer's association with a disbarred, suspended, or resigned person may now appear under different numbering. 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 Treat this page as historical context, not current guidance.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 mentioned here.

In practice

Under the Washington rule as it stood at the time of the opinion, the committee read RPC 5.5(d) to reach the prosecutor's proposed arrangement. It said the rule bars two things: sharing an office for the practice of law with a disbarred, suspended, or resigned person, and practicing under any compensation arrangement or in cooperation with such a person. The committee tied the bar to the person's disciplinary status rather than to whether the particular job is a law-licensed role, and it fixed the effective date as the date of disbarment, suspension, or resignation.

Common questions

Q: Can a law office or prosecutor's office employ a lawyer who has been suspended or disbarred?

A: The committee said no, citing RPC 5.5(d), which bars maintaining a shared law office with, or practicing under any compensation arrangement or in cooperation with, a disbarred, suspended, or resigned person.

Q: Does it matter that the job does not require a law license?

A: The committee said the prohibition applies based on the person's disciplinary status; on the facts presented it concluded the arrangement would violate RPC 5.5(d) even though the coordinator position did not require a license.

Q: When does the prohibition take effect?

A: The committee said the prohibition is effective upon the date of disbarment, suspension, or resignation in lieu of disbarment.

Background and rules framework

The opinion interprets RPC 5.5 (Model Rule 5.5, unauthorized practice and multijurisdictional practice), specifically the Washington provision RPC 5.5(d) on associating with disbarred, suspended, or resigned persons, and applies the committee's earlier Formal Opinion 184. The analysis turns on the disciplinary status of the person to be employed and on the compensation or cooperation arrangement, not on the title of the position.

Citations and references

Rules of Professional Conduct:

• Model Rule 5.5 / Washington RPC 5.5(d) (maintaining an office with, or practicing under a compensation arrangement or in cooperation with, a disbarred, suspended, or resigned person)

Other opinions cited:

• WSBA Formal Opinion 184: scope of the prohibition on practicing in cooperation with a disbarred or suspended person

See also

• WA Ethics Op. 2068: Sharing Legal Fees With a Nonlawyer
• AL Ethics Op. 1990-02: Disbarred Lawyer's Earned Fees

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1303

Original opinion text

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

Advisory Opinion: 2059
Year Issued: 2004
RPC(s): RPC 5.5(d), Formal Op 184
Subject: Hiring a disbarred or suspended lawyer

The inquiring attorney is a County Prosecutor who wishes to hire an individual to serve in the capacity as Crime Victim/Witness Coordinator. According to the inquiring attorney, the position does not require a license to practice law, and the person hired in that position will not be expected or permitted to practice law. The candidate is apparently a licensed attorney who may be suspended or disbarred based upon recommendation by the WSBA. The issue of the individual’s license is currently before the Supreme Court on Appeal.

The inquirer asks the following: Is the Prosecuting Attorney in violation of the RPCs by permitting a licensed attorney, not practicing law in a public sector law firm, continued employment during a suspension or disbarment?

Yes. RPC 5.5(d) prohibits a lawyer from maintaining an office for the practice of law in a room or office occupied or used by an individual who is disbarred, suspended or resigned in lieu of disbarment, and further prohibits a lawyer from practicing law under any arrangement for compensation of any kind with such an individual, or in cooperation with such an individual, as outlined in Formal Opinion 184. This prohibition is effective upon the date of disbarment, suspension or resignation.