Can a lawyer practice with or employ a lawyer who has been suspended from practice?
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.
Plain-English summary
The committee tied a disciplinary rule to a rule of professional conduct. Rule 1.1(h) of the Rules for Lawyer Discipline prohibits a lawyer from practicing law with or employing a suspended lawyer. The committee concluded that any lawyer who did so would violate RPC 5.5(b).
Currency note
This opinion was issued in 1985, before the 2006 revisions to the Washington Rules of Professional Conduct. The Rules for Lawyer Discipline have since been replaced, and the rule numbering referenced here may no longer be current. Treat this page as historical context, not current guidance.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 employ a suspended lawyer?
A: The committee concluded that practicing law with or employing a suspended lawyer is prohibited by Rule 1.1(h) of the Rules for Lawyer Discipline, and that doing so would violate RPC 5.5(b).
Q: Which rules did the committee connect?
A: It read the disciplinary-rule prohibition (RLD 1.1(h)) together with RPC 5.5(b), concluding that conduct barred by the former makes out a violation of the latter.
Background and rules framework
The opinion rests on Washington RPC 5.5(b) (then addressing assisting in the unauthorized practice of law, corresponding to Model Rule 5.5) and on Rule 1.1(h) of the former Rules for Lawyer Discipline, which prohibited practicing with or employing a suspended lawyer. The committee's conclusion is that the disciplinary prohibition supplies the conduct that RPC 5.5(b) treats as a violation.
Citations and references
Rules of Professional Conduct:
- Washington RPC 5.5(b) (assisting the unauthorized practice of law), corresponding to Model Rule 5.5.
Other authority referenced:
- Rule 1.1(h), Rules for Lawyer Discipline (prohibiting practicing with or employing a suspended lawyer).
See also
- WSBA Ethics Op. 899: renting space to a non-lawyer engaged in the unauthorized practice of law
- Alabama Ethics Op. 1990-02: fees a suspended or disbarred lawyer may receive for pre-suspension work
- ABA Formal Op. 506: responsibilities regarding non-lawyer assistants
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=64
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 953
Year Issued: 1985
RPC(s): RPC 5.5(b); RLD 1.1(h)
Subject: Practicing with or employing a suspended lawyer
The Committee was of the opinion that since Rule 1.1(h) of the Rules for Lawyer Discipline prohibits a lawyer form practicing law with or employing a suspended lawyer, any lawyer who did so would violate RPC 5.5(b).
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