Can a Washington lawyer be hired by a credit-services company to help its customers challenge items on their credit reports?
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This page answers the general question as of 1992. 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
A lawyer asked about association with nonlawyers, specifically a credit-services organization that proposed to hire the lawyer in part to assist individuals in challenging items on their credit reports. The committee was of the opinion that a lawyer rendering legal work for the corporation under the circumstances described would involve the practice of law, and that the organization, by joining with the attorney, would itself be "practicing law."
The committee concluded that such conduct by the lawyer would violate RPC 5.4 and 5.5.
Currency note
This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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: Could a lawyer take a job with a credit-services company helping its customers dispute credit-report items?
A: The committee concluded the lawyer's work would involve the practice of law and that the company would be practicing law by joining with the lawyer, so the arrangement would violate RPC 5.4 and 5.5.
Q: Why did the committee treat the company as practicing law?
A: Because, in the committee's view, the lawyer's challenges to credit-report items constituted legal work, and the company's joining with the lawyer to provide that work meant the company was practicing law.
Background and rules framework
The opinion applied RPC 5.4 (professional independence of a lawyer) and RPC 5.5 (unauthorized practice of law), corresponding to ABA Model Rules 5.4 and 5.5. The committee treated the lawyer's proposed function (disputing credit-report items for the company's customers) as the practice of law, which in turn made the company's participation the unauthorized practice of law and the lawyer's participation a violation of the independence and UPL rules.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.4 (professional independence of a lawyer); Washington RPC 5.4
- ABA Model Rule 5.5 (unauthorized practice of law); Washington RPC 5.5
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=540
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1460
Year Issued: 1992
RPC(s): RPC 5.4; 5.5
Subject: Assisting unauthorized practice of law; lawyer hired by company to assist individuals in credit disputes
The Committee reviewed your inquiry concerning association with non-lawyers. [A credit services organization proposed to hire the lawyer in part to assist individuals in challenging items on credit reports.] The Committee was of the opinion that a lawyer rendering legal work for a corporation in circumstances described in your inquiry would involve the practice of law and the organization, by joining with the attorney would be "practicing law". Therefore, such conduct by the lawyer would violate RPC 5.4 and 5.5.
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