Advisory Opinion: 1830

Year Issued: 1998

RPC(s): RPC 1.5(e)

Subject: Division of fees between lawyers in different firms

[The lawyer wished to pay fees to a lawyer who previously handled a tort claim on behalf of an estate.] I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1830 concerning fee sharing.

The Committee has reviewed your inquiry and determined the following:

The proposed fee sharing does not appear to be improper if, as we assume, the portion of the fee the inquirer intends to pay the other lawyer is proportional to the services provided to the estate, if the client is advised of and does not object to either attorney’s involvement, and if the overall contingent fee is reasonable. See RPC 1.5(e) and Barr v. Day, 124 Wn.2d 318, 330 n.2 (1994).

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.