Can a lawyer employ a nurse as a staff member to help the lawyer provide personal guardianship services?
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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.
Plain-English summary
The lawyer proposed to employ a nurse as a staff member to assist in providing high-quality, low-cost personal guardianship service. The committee concluded that nothing in the Rules of Professional Conduct prohibits such an arrangement. It added that the lawyer should be commended for performing a valuable service.
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 Treat this page as historical context, not current guidance.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 hire a nurse as staff to support guardianship work?
A: The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from employing a nurse as a staff member to assist in providing personal guardianship service.
Q: Did the committee see a problem with delivering low-cost guardianship this way?
A: No. The committee said the lawyer should be commended for performing a valuable service.
Background and rules framework
The opinion is indexed to Washington RPC 5.4(b), the provision addressing a lawyer forming a partnership with a non-lawyer where any of the partnership's activities consist of the practice of law, which corresponds to Model Rule 5.4(b). The committee treated the proposed arrangement, employing a nurse as a staff member to assist with guardianship service, as permitted under the rules.
Citations and references
Rules of Professional Conduct:
- Washington RPC 5.4(b) (professional independence; partnership with a non-lawyer), corresponding to Model Rule 5.4(b).
See also
- WSBA Ethics Op. 907: listing non-lawyers on office signs and letterhead
- WSBA Ethics Op. 1012: imputed disqualification from a non-lawyer staff member's prior employment
- ABA Formal Op. 506: responsibilities regarding non-lawyer assistants
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=58
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 947
Year Issued: 1985
RPC(s): RPC 5.4(b)
Subject: Employment of nurse to serve as guardian
Upon reviewing your proposal to employ a nurse as a staff member to assist you in providing high quality, low cost, personal guardianship service, the Committee was of the opinion that nothing in the Rules of Professional Conduct prohibit such action, and were further of the opinion that you should be commended for performing a valuable service.
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