Advisory Opinion: 1815

Year Issued: 1998

RPC(s): RPC 1.5(d)(1)

Subject: Contingent fee agreement for appeal of dissolution decree

The Committee researched and reviewed your inquiry concerning the appeal of a dissolution decree on a contingent fee basis and determined the following:

RPC 1.5 (d)(1) prohibits a contingent fee arrangement in the appeal of that portion of a dissolution decree that challenges the property settlement award of the trial court, and the exception under this RPC for "postdissolution proceedings" does not apply to such actions.

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.