[E-trademarks] Law firm/not law firm?

[Diane Gardner]

The recent discussion about the Washington lawyer with the “LLC that does not operate as a law firm” sounds like the result of state laws relating to the formation of companies and law firms.

For example, when I was preparing to open Mastermind IP Law in 2004, I had learned in school already that partners/shareholders in CA law firms must be attorneys – no non-attorneys and no other professions, such as a CPA (unless the CPA also is an attorney).

I was surprised to learn, however, that once my corporate entity was formed through the CA Secretary of State, I would also have to register it as a CA Law Corporation through the CA State Bar (which has its own separate rules about setting up law corporations).

And while every Tom, Dick, and Harry was forming a CA LLC having just one Member – that’s not allowed for CA LLCs operating as CA Law Corporations, which requires a minimum of two attorney Members.

If WA has rules similar to those in CA, this attorney may have formed an LLC entity as a solo, in which case it cannot be registered as a law firm with the State Bar.  Or, if this attorney has formed an LLC with a non-attorney shareholder/Member, same result. From this string, it sounds like she is wearing her lawyer hat, and that it’s not UPL.  It sounds more like a corporate entity issue.


Kind regards,

Diane L. Gardner
Reg. No. 36,518
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