Opinion Number: 2022-06 – Rule Number: 4-5.4; 4-1.0
Question: May Attorney A, Attorney B, and Attorney C form a law firm with Physician as a partner?
Answer: No. Rule 4-5.4(b) prohibits a lawyer from forming a “partnership with a nonlawyer if any of the activities of the partnership consist of the practice of law.” It is the informal advisory opinion of this Office that the term “partnership” as used in Rule 4-5.4(b) which would include any kind of “firm” or “law firm” as defined by Rule 4-1.0(c), to be “a lawyer or lawyers in a law partnership, professional corporation, sole proprietorship or other association authorized to practice law; or lawyers employed in a legal services organization or the legal department of a corporation or other organization.” Further, Rule 4-5.4(d) prohibits a lawyer from practicing with, forming a professional corporation, or other association authorized to practice law for a profit if there is a nonlawyer owner, corporate director, or office with a similar responsibility, or a nonlawyer can control the professional judgment of the lawyer. However, Physician may be a nonlawyer employee of a law firm owned by Attorney A, Attorney B, and Attorney C.