Wash. Rev. Code » Title 2 · Chapter 2.48

Wash. Rev. Code § 2.48.180

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(1) As used in this section:
(a) "Legal provider" means an active member in good standing of the state bar, and any other person authorized by the Washington state supreme court to engage in full or limited practice of law;
(b) "Nonlawyer" means a person to whom the Washington supreme court has granted a limited authorization to practice law but who practices law outside that authorization, and a person who is not an active member in good standing of the state bar, including persons who are disbarred or suspended from membership;
(c) "Ownership interest" means the right to control the affairs of a business, or the right to share in the profits of a business, and includes a loan to the business when the interest on the loan is based upon the income of the business or the loan carries more than a commercially reasonable rate of interest.
(2) The following constitutes unlawful practice of law:
(a) A nonlawyer practices law, or holds himself or herself out as entitled to practice law;
(b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business;
(c) A nonlawyer knowingly holds an investment or ownership interest in a business primarily engaged in the practice of law;
(d) A legal provider works for a business that is primarily engaged in the practice of law, knowing that a nonlawyer holds an investment or ownership interest in the business; or
(e) A nonlawyer shares legal fees with a legal provider.
(3)(a) Unlawful practice of law is a crime. A single violation of this section is a gross misdemeanor.
(b) Each subsequent violation of this section, whether alleged in the same or in subsequent prosecutions, is a class C felony punishable according to chapter 9A.20 RCW.
(4) Nothing contained in this section affects the power of the courts to grant injunctive or other equitable relief or to punish as for contempt.
(5) Whenever a legal provider or a person licensed by the state in a business or profession is convicted, enjoined, or found liable for damages or a civil penalty or other equitable relief under this section, the plaintiff's attorney shall provide written notification of the judgment to the appropriate regulatory or disciplinary body or agency.
(6) A violation of this section is cause for discipline and constitutes unprofessional conduct that could result in any regulatory penalty provided by law, including refusal, revocation, or suspension of a business or professional license, or right or admission to practice. Conduct that constitutes a violation of this section is unprofessional conduct in violation of RCW 18.130.180.
(7) In a proceeding under this section it is a defense if proven by the defendant by a preponderance of the evidence that, at the time of the offense, the conduct alleged was authorized by the rules of professional conduct or the admission to practice rules, or Washington business and professions licensing statutes or rules.
(8) Independent of authority granted to the attorney general, the prosecuting attorney may petition the superior court for an injunction against a person who has violated this chapter. Remedies in an injunctive action brought by a prosecuting attorney are limited to an order enjoining, restraining, or preventing the doing of any act or practice that constitutes a violation of this chapter and imposing a civil penalty of up to five thousand dollars for each violation. The prevailing party in the action may, in the discretion of the court, recover its reasonable investigative costs and the costs of the action including a reasonable attorney's fee. The degree of proof required in an action brought under this subsection is a preponderance of the evidence. An action under this subsection must be brought within three years after the violation of this chapter occurred.
[ 2003 c 53 s 2; 2001 c 310 s 2. Prior: 1995 c 285 s 26; 1989 c 117 s 13; 1933 c 94 s 14; RRS s 138-14.]

Notes:

Rules of court: RLD 1.1(h).
Intent—2003 c 53: "The legislature intends by this act to reorganize criminal provisions throughout the Revised Code of Washington to clarify and simplify the identification and referencing of crimes. It is not intended that this act effectuate any substantive change to any criminal provision in the Revised Code of Washington." [ 2003 c 53 s 1.]
Effective date—2003 c 53: "This act takes effect July 1, 2004." [ 2003 c 53 s 423.]
Purpose—2001 c 310: "The purpose of this act is to respond to State v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes, legislation relating to the crime of unlawful practice of law, enacted as sections 26 and 27, chapter 285, Laws of 1995." [ 2001 c 310 s 1.]
Effective date—2001 c 310: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2001]." [ 2001 c 310 s 5.]
Effective date—1995 c 285: See RCW 48.30A.900.
Practicing law with disbarred attorney: RCW 2.48.220(9).
Notes of Decisions
Cited in 50 cases (12 in the last 5 years), 1952–2024 · leading case: State v. Yishmael
Sort: Relevance Newest Treatment
State v. Yishmael (2020) wash · cites it 15× “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
State v. Athan (2007) wash · cites it 9× “Additionally, at the end of the State's case, Athan moved for dismissal which the trial court also denied. Athan was found guilty of second degree murder and sentenced to 10 to 20 years under pre-sentencing reform act guidelines.”
State v. Athan (2007) wash · cites it 9× “Additionally, at the end of the State’s case, Athan moved for dismissal, which the trial court also denied. Athan was found guilty of second degree murder and sentenced to 10 to 20 years under presentencing reform act guidelines.”
State v. Blake (2021) wash · cites it 2× “” RCW 2.48.180(2)(a). That conduct is, well, conduct.”
State v. Hunt (1994) washctapp · cites it 7× “Unconstitutional Vagueness The unlawful practice of law, a misdemeanor, is defined in RCW 2.48.180. The statute provides, in relevant part: Any person who, not being an active member of the state bar, .”
State Of Washington v. Naziyr Yishmael (2018) washctapp · cites it 20× “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
Washington State Bar Ass'n v. Washington Ass'n of Realtors (1952) wash · cites it 8× “, § 1394]) proscribing the doing of "work of a legal nature for compensation" by one not admitted to practice law in this state, and that his activities are not within the later statute (RCW 2.48.180 [ cf. Rem. Rev. Stat. (Sup.), § 138-14], a section of the integrated bar act)…”
In re the Disciplinary Proceeding Against King (2010) wash “4(b) (through violation of RCW 2.48.180), and/or RPC 8.4(Z) (through violation of a duty imposed by ELC 14.”
In Re Disciplinary Proceeding Against King (2010) wash “4(b) (through violation of RCW 2.48.180), and/or RPC 8.4( l ) (through violation of a duty imposed by ELC 14.”
Pope Resources Lp And Opg Properties, V Wa State Dept Of Natural Resources (2016) washctapp · cites it 2× “I would note that although MTCA does not define “ownership interest,” the legislature has defined this term in a wholly different context.”
No On I-502, Arthur West v. Norml (2016) washctapp “RCW 2.48.180(3)(a); Advocates for Responsible Dev.”
In Re the Disciplinary Proceeding Against Allper (1981) wash · cites it 2× “See also RCW 2.48.180. His behavior *476 strengthens our conviction that disbarment is not merely warranted, it is absolutely required.”
Show all 50 citing cases →
— Wash. Rev. Code § 2.48.180(1) — 3 cases
State Of Washington v. Naziyr Yishmael (2018) washctapp “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
State v. Janda (2012) washctapp
State Of Washington v. Steven Andrew Janda (2012) washctapp
— Wash. Rev. Code § 2.48.180(1)(a) — 1 case
John Scannell, V. Score Jail (2024) washctapp
— Wash. Rev. Code § 2.48.180(1)(b) — 3 cases
State Of Washington v. Naziyr Yishmael (2018) washctapp “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
John Scannell, V. Score Jail (2024) washctapp
State Of Washington v. Steven Andrew Janda (2012) washctapp
— Wash. Rev. Code § 2.48.180(1)(c) — 1 case
Pope Resources Lp And Opg Properties, V Wa State Dept Of Natural Resources (2016) washctapp “I would note that although MTCA does not define “ownership interest,” the legislature has defined this term in a wholly different context.”
— Wash. Rev. Code § 2.48.180(2) — 4 cases
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
State Of Washington v. Naziyr Yishmael (2018) washctapp “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
Advocates for Responsible Development v. Western Washington Growth Management Hearings Board (2010) washctapp
Jeffrey A. Cook, V. John & Kim Graham (2023) washctapp
— Wash. Rev. Code § 2.48.180(2)(3) — 1 case
Advocates for Responsible Dev't v. Wwgmhb (2010) washctapp
— Wash. Rev. Code § 2.48.180(2)(a) — 10 cases
State v. Athan (2007) wash “Additionally, at the end of the State's case, Athan moved for dismissal which the trial court also denied. Athan was found guilty of second degree murder and sentenced to 10 to 20 years under pre-sentencing reform act guidelines.”
State v. Athan (2007) wash “Additionally, at the end of the State’s case, Athan moved for dismissal, which the trial court also denied. Athan was found guilty of second degree murder and sentenced to 10 to 20 years under presentencing reform act guidelines.”
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
State v. Blake (2021) wash “” RCW 2.48.180(2)(a). That conduct is, well, conduct.”
State Of Washington v. Naziyr Yishmael (2018) washctapp “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
— Wash. Rev. Code § 2.48.180(2)(b) — 1 case
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
— Wash. Rev. Code § 2.48.180(2)(c) — 1 case
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
— Wash. Rev. Code § 2.48.180(3) — 7 cases
State v. Blake (2021) wash “” RCW 2.48.180(2)(a). That conduct is, well, conduct.”
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
Bishop v. Jefferson Title Co. (2001) washctapp
Brooks Jr v. Ballard (2024) waed
Booren v. MB Law Group LLP (2021) wawd
— Wash. Rev. Code § 2.48.180(3)(a) — 8 cases
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
State v. Athan (2007) wash “Additionally, at the end of the State's case, Athan moved for dismissal which the trial court also denied. Athan was found guilty of second degree murder and sentenced to 10 to 20 years under pre-sentencing reform act guidelines.”
State v. Athan (2007) wash “Additionally, at the end of the State’s case, Athan moved for dismissal, which the trial court also denied. Athan was found guilty of second degree murder and sentenced to 10 to 20 years under presentencing reform act guidelines.”
No On I-502, Arthur West v. Norml (2016) washctapp “RCW 2.48.180(3)(a); Advocates for Responsible Dev.”
In re Citizen Complaint by Stout v. Felix (2021) wash
— Wash. Rev. Code § 2.48.180(3)(b) — 2 cases
State v. Yishmael (2020) wash “(dissenting) (2) The following constitutes unlawful practice of law: (a) A nonlawyer practices law, or holds himself or herself cut as entitled to practice law; (b) A legal provider holds an investment or ownership interest in a business primarily engaged in the practice of law,…”
State Of Washington v. Naziyr Yishmael (2018) washctapp “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
— Wash. Rev. Code § 2.48.180(7) — 1 case
State Of Washington v. Naziyr Yishmael (2018) washctapp “He was given a sentence of 364 days in jail, suspended on condition that he spend five days in jail and report for 30 days of a community work program. ANALYSIS Vagueness After the defense rested, Yishmael moved to dismiss the charge of unlawful practice of law on the grounds…”
— Wash. Rev. Code § 2.48.180(l)(b) — 1 case
State v. Janda (2012) washctapp
— Wash. Rev. Code § 2.48.180(l)(c) — 1 case
Pope Resources Lp And Opg Properties, V Wa State Dept Of Natural Resources (2016) washctapp “I would note that although MTCA does not define “ownership interest,” the legislature has defined this term in a wholly different context.”
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