Advisory Opinion: 898

Year Issued: 1985

RPC(s): DR 2-106; RPC 1.5

Subject: Fee agreement that does not disclose terms and conditions of fee

A law firm proposed using a fee agreement that generally set out factors which could determine the law firm's fee, such as the complexity of the case, but did not provide any specific information regarding the fee for a particular client. The Committee was of the unanimous opinion that the proposed "fee agreement" submitted with your inquiry does not appear to be a fee agreement at all. The Committee was of the opinion that a fee agreement must meaningfully disclose to the client the terms and conditions of any fee agreement, the standard by which the fee would be measured, and must comply with requirements of DR 2-106 and RPC 1.5, effective September 1, 1985.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.