WSBA 1991

Can a Washington lawyer form a mediation business in partnership with a nonlawyer?

Short answer: The committee concluded a lawyer could form a mediation service with a nonlawyer if the service was wholly separate and apart from the law practice, but could not form a partnership with a nonlawyer that involved the practice of law.

Apply this to your situation

This page answers the general question as of 1991. 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 Not binding precedent.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 asked about forming a mediation service with a nonlawyer. The committee was of the opinion that if the mediation service were wholly separate and apart from the lawyer's law practice, forming such a service with a nonlawyer would be permitted.

The committee drew the line at the practice of law. It said the lawyer could not in any way form a partnership with a nonlawyer that involved the practice of law, citing RPC 5.4(d). The committee also noted that it was providing the inquirer a copy of a recent informal opinion addressing a similar issue in establishing an escrow service.

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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 go into a mediation business with a nonlawyer?

A: The committee was of the opinion that the lawyer could, so long as the mediation service was wholly separate and apart from the lawyer's law practice.

Q: What kind of partnership with a nonlawyer is off limits?

A: The committee said the lawyer could not in any way form a partnership with a nonlawyer that involved the practice of law, citing RPC 5.4(d).

Background and rules framework

The opinion applied RPC 5.4(d), Washington's rule on the professional independence of a lawyer, which corresponds to ABA Model Rule 5.4 and prohibits a lawyer from forming a partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law. The committee's analysis turned on whether the proposed mediation venture was separate from the practice of law.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 5.4 (professional independence; partnerships with nonlawyers)
Washington RPC 5.4(d)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=502

Original opinion text

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

Advisory Opinion: 1422
Year Issued: 1991
RPC(s): RPC 5.4
Subject: Business partnership with nonlawyer; mediation service separate from law practice

The Committee reviewed your inquiry concerning the forming of a mediation service with a non-lawyer. The Committee was of the opinion that if the mediation service were wholly separate and apart from your law practice, the formation of such a service with a non-lawyer would be permitted, but that you could not in any way form a partnership with a non-lawyer which involved the practice of law, RPC 5.4(d). The Committee directed that I provide you a copy of a recent informal opinion regarding a similar issue in establishing an escrow service.

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