Texas Disciplinary Rule of Professional Conduct 5.04(b) states that a lawyer shall not form a partnership with a non-lawyer if any of the activities of the partnership consist of the practice of law.  Opinion 704 from the Texas Professional Ethics Committee, released last week, doubled down on that Rule, eliminating the possibility that an exception might exist if the partnership is based in a jurisdiction that allows lawyers to be partners with non-lawyers. At risk, according to Opinion 704, is the lawyer’s professional independence as well as the risk of solicitation of clients by non-lawyers. 

The specific inquiry addressed by Opinion 704 dealt with a Texas lawyer, practicing law in Texas for Texas clients, who intended to become a partner in a law firm based in the District of Columbia, a jurisdiction which has allowed non-attorney partnership in…