LEO: Attorney - Aiding a Nonlawyer in the LE Op. 1044
Attorney - Aiding a Nonlawyer in the Unauthorized Practice of
March 1, 1988
You advise that Attorney "A" was a founding partner of and remained a
partner of the law firm of "A, B and C" for twenty years. While in
practice with Law Firm "A, B & C", Attorney "A" surrendered his license to
practice law, and thereafter the license was revoked by the Virginia
Supreme Court. The law firm of "B, C & D" is comprised of two attorneys
who were formerly associated as associates with Attorney "A" while he was
a partner with the law firm of "A, B & C". Mr. "A's" license to practice
law has not been restored; however, "A" will be employed as an adjuster
with an adjusting company. The law firm of "B, C & D" is a principal
client of the adjusting company.
You wish to know, pursuant to DR:3-101, whether or not it is proper for
the law firm of "B, C & D" to continue to hire the adjusting company to
perform services for their law firm.
Disciplinary Rule 3-101 states that "A lawyer shall not aid a nonlawyer
in the unauthorized practice of law."
As long as "A" will be working as an adjuster and is not holding himself
out to be an attorney and is not practicing law, there would be no
violation of DR:3-101.
Committee Opinion March 1, 1988
See also LE Op. 1329.