May a corporation that employs a staff attorney solicit lawyers for business assisting in bankruptcy and unlawful detainer proceedings, and does that risk aiding the unauthorized practice of law?

Plain-English summary

The inquiry concerned whether a corporation that employs the inquiring lawyer as staff attorney could solicit business from lawyers to assist in bankruptcy and unlawful detainer proceedings. The committee was of the opinion that, presuming nothing in the letter is otherwise misleading or deceptive, the Rules of Professional Conduct would not prohibit solicitation of such business. It added that it was not in a position to approve the actual content of any such solicitation letter.

The committee was also of the opinion that the solicitation letter, while vague in its terms, raises a question of whether the staff attorney's conduct in this business would constitute aiding the unauthorized practice of law in violation of RPC 5.5(b). The committee was not in a position to determine that on the facts presented, but directed that the rule be called to the lawyer's attention.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of 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 Treat this page as historical context, not current guidance.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 company solicit lawyers to provide bankruptcy and eviction services?

A: Under this 1989 opinion, the rules do not prohibit such solicitation, presuming the letter is not otherwise misleading or deceptive. The committee did not pass on the actual content of any letter.

Q: What is the concern for the company's staff attorney?

A: The committee flagged that the arrangement raises a question of whether the staff attorney's conduct would constitute aiding the unauthorized practice of law under RPC 5.5(b); it could not resolve that on the facts.

Q: Did the committee approve the solicitation letter?

A: No. It said it was not in a position to approve the actual content of any such solicitation letter.

Background and rules framework

RPC 5.5(b), Washington's version of ABA Model Rule 5.5, addresses assisting another in the unauthorized practice of law. The committee read the solicitation itself as not prohibited if not misleading, but treated the staff attorney's involvement in the corporation's bankruptcy and unlawful detainer business as raising an unresolved RPC 5.5(b) question about aiding unauthorized practice.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 5.5 (unauthorized practice of law; multijurisdictional practice)
• Washington RPC 5.5(b)

See also

• WA Ethics Op. 1297: Lawyer in a Paid Referral Package

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=392

Original opinion text

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

The Committee reviewed your inquiry concerning whether a corporation which employs you as staff attorney could solicit business from lawyers to assist in bankruptcy and unlawful detainer proceedings. The Committee is of the opinion that, presuming that nothing in the letter is otherwise misleading or deceptive, the Rules of Professional Conduct would not prohibit solicitation of such business. The Committee is not in the position of being able to approve the actual content of any such solicitation letter. The Committee also was of the opinion that the solicitation letter, while vague in its terms, raises a question of whether your conduct involved in this business would constitute aiding the unauthorized practice of law in violation of RPC 5.5(b). The Committee is not in a position to determine that, but directed me to call that rule to your attention.