Do the lawyer ethics rules govern how a lawyer-owned company solicits its own nonlegal business?

Plain-English summary

The inquiry asked whether solicitation of nonlegal business by a corporation in which the lawyer held an ownership interest, and to which the lawyer provided legal services, was subject to the Rules of Professional Conduct.

The committee understood that a client of the guardianship service who needed to employ a lawyer for legal services would not be required to employ the inquiring lawyer. On that understanding, the committee was of the opinion that the Rules of Professional Conduct would not apply to the corporation's solicitation of its own business.

Currency note

This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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: Are a lawyer-owned company's nonlegal marketing efforts governed by the RPC?

A: On these facts, the committee said no. It concluded the Rules of Professional Conduct would not apply to the corporation's solicitation of its own nonlegal business.

Q: What fact mattered to the committee?

A: That a client of the guardianship service who needed legal services would not be required to employ the lawyer, separating the corporation's nonlegal solicitation from the lawyer's practice.

Background and rules framework

The opinion cites no specific Rule of Professional Conduct. It addresses whether the rules reach a lawyer-owned corporation's solicitation of its own nonlegal (guardianship) business. The committee made the answer turn on the fact that the corporation's clients were not required to retain the lawyer for any legal work, and concluded the rules did not govern that solicitation.

Citations and references

Rules of Professional Conduct:

• The opinion cites no specific rule; it addresses whether the RPC reach a lawyer-owned company's nonlegal-business solicitation.

See also

• WSBA Ethics Op. 1874: Selling Investments as a Lawyer
• WSBA Ethics Op. 1488: A Law Practice and Side Business
• WSBA Ethics Op. 1270: Nonlawyer Consultant Venture

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1146

Original opinion text

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

Advisory Opinion: 1109
Year Issued: 1987
RPC(s):
Subject: Ancillary business; solicitation of nonlegal business

The Committee considered your inquiry whether solicitation of non-legal business by a corporation in which you have an ownership interest and to which you provide legal services is subject to the Rules of Professional Conduct. The Committee understood that if a client of the guardianship service needed to employ a lawyer for legal services, it would not be required that the client employ you. Therefore, the Committee was of the opinion that the Rules of Professional Conduct would not apply to the corporation's solicitation of its own business.