LEO: Attorney - Aiding a Nonlawyer in the  LE Op. 1044

Attorney - Aiding a Nonlawyer in the Unauthorized Practice of

Law.

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practice law, and thereafter the license was revoked by the Virginia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

CROSS REFERENCES

See also LE Op. 1329.