WSBA 1985

Can a lawyer rent office space from a nonlawyer-owned business that uses a law-related name and may be practicing law without a license?

Short answer: On the limited facts, the committee said the nonlawyer entity might be engaged in the unauthorized practice of law, and that if the lawyer were aiding that practice, the lawyer's conduct would violate RPC 5.5.

Apply this to your situation

This page answers the general question as of 1985. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A lawyer rented office space from an entity that had a law-related trade name and was owned by a nonlawyer, and the lawyer did not have a separate telephone listing. The committee said that, from the limited facts presented, it appeared the nonlawyer may be engaging in the unauthorized practice of law.

The committee concluded that if the lawyer were aiding that unauthorized practice, the lawyer's conduct would violate RPC 5.5.

Currency note

This opinion was issued in 1985, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Can a lawyer rent space from a nonlawyer-owned business that uses a law-related name?

A: The committee did not flatly bar it, but it warned that the nonlawyer entity might be engaged in the unauthorized practice of law on the facts presented, and that aiding that practice would violate RPC 5.5.

Q: What facts concerned the committee?

A: The entity had a law-related trade name, it was owned by a nonlawyer, and the lawyer did not have a separate telephone listing. Those facts suggested to the committee that the nonlawyer might be practicing law.

Q: What rule would the lawyer violate by aiding the nonlawyer?

A: RPC 5.5. The committee said that if the lawyer were aiding the nonlawyer's unauthorized practice, the lawyer's conduct would violate that rule.

Background and rules framework

The opinion applies RPC 5.5, Washington's rule on the unauthorized practice of law (the analog of Model Rule 5.5), which bars a lawyer from assisting another person in the unauthorized practice of law. The committee's analysis turned on whether the nonlawyer was practicing law and whether the lawyer's arrangement aided that practice.

Citations and references

Rules of Professional Conduct:

Model Rule 5.5 (unauthorized practice of law; assisting unauthorized practice)
Washington RPC 5.5 (unauthorized practice of law)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=11

Original opinion text

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

Advisory Opinion: 899
Year Issued: 1985
RPC(s): RPC 5.5
Subject: Assisting the unauthorized practice of law; lawyer renting space from nonlawyer engaging in unauthorized practice

The lawyer rented office space from an entity with a law-related trade name which was owned by a nonlawyer. The lawyer did not have a separate telephone listing. The Committee was of the opinion that it appeared from the limited facts presented to them that the nonlawyer may be engaging in the unauthorized practice of law, and if the lawyer were aiding in that, his conduct would violate RPC 5.5.

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