WSBA 1997

Can a lawyer employ a suspended lawyer as a paralegal, clerk, or assistant in the law office?

Short answer: The committee concluded that a suspended lawyer is not allowed to serve as a paralegal, clerk, or assistant in law-related matters, citing RLD 1.1(h), RLD 8.2, and RCW 2.48.220.

Apply this to your situation

This page answers the general question as of 1997. 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 Not binding precedent.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

The inquiry concerned the propriety of a lawyer employing, "as a paralegal, clerk, or assistant of any kind," a lawyer who had been suspended from the practice of law. The committee's opinion was that a suspended lawyer is not allowed to serve as a paralegal, clerk, or assistant in law-related matters.

The committee grounded that conclusion in RLD 1.1(h) (as referenced in Formal Opinion 184), RLD 8.2, and RCW 2.48.220.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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. This opinion rests on the former Rules for Lawyer Discipline (RLD), which have since been replaced by the Rules for Enforcement of Lawyer Conduct (ELC); verify the current discipline rules before relying on the citations here.

Common questions

Q: Can a suspended lawyer work as a paralegal in a law office?

A: The committee concluded that a suspended lawyer is not allowed to serve as a paralegal, clerk, or assistant in law-related matters.

Q: What authority did the committee rely on?

A: It cited RLD 1.1(h) as referenced in Formal Opinion 184, RLD 8.2, and RCW 2.48.220.

Background and rules framework

The opinion applied the former Rules for Lawyer Discipline rather than the Rules of Professional Conduct. RLD 1.1(h), referenced in Formal Opinion 184, and RLD 8.2 address a suspended lawyer's participation in law-related work, and RCW 2.48.220 is the Washington statute on grounds for disbarment or suspension. The committee read these together to bar a suspended lawyer from serving as a paralegal, clerk, or assistant in law-related matters.

Citations and references

Rules cited:

Washington Rules for Lawyer Discipline (RLD) 1.1(h)
Washington Rules for Lawyer Discipline (RLD) 8.2

Statutes:

RCW 2.48.220 (grounds for disbarment or suspension)

Other opinions cited:

WSBA Formal Opinion 184: referenced for RLD 1.1(h).

Source

Landing page: https://ao.wsba.org/print.aspx?ID=836

Original opinion text

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

Advisory Opinion: 1772
Year Issued: 1997
RPC(s): RLD 1.1(h); RLD 8.2; Formal Opinion 184; RCW 2.48.220
Subject: Employment of suspended lawyer as paralegal, clerk or assistant in law office

[The inquiry concerned] the ethical propriety of a lawyer employing "as a paralegal, clerk, or assistant of any kind" a lawyer who has been suspended from the practice of law. It is the Committee's opinion that a suspended lawyer is not allowed to serve as a paralegal, clerk or assistant in law related matters. See RLD 1.1(h) as referenced in Formal Opinion 184, RLD 8.2, and RCW 2.48.220.

Get today's answer for your situation

You just read a 1997 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.