Advisory Opinion: 1886

Year Issued: 1999

RPC(s): RPC 1.2; 1.4(b); 1.5; 1.13

Subject: Fees; costs; lawyer purchased nonrefundable airline ticket for use in one client's case and had to cancel trip for work on behalf of second client

The inquiring lawyer purchased a non-refundable, non-exchangeable airline ticket to Texas for a deposition for client A. Over her objection and at a time conflicting with Client A’s deposition, opposing counsel in a case involving Client B obtained a court order to compel a medical exam for client B. Inquiring lawyer states that her attendance was required for Client B because of Client B’s mental incapacity. Inquiring lawyer asks whom to bill for the unusable ticket.

RPC 1.5 provides that a fee must be reasonable and reflective of the work performed for or expenses incurred on behalf of a client. Client B (the client requiring the medical exam) is not responsible for the cost of the ticket purchased for Client A’s case (the client with a medical expert’s deposition in Texas) because that cost is not reasonably related to the costs of representing client B. Because the lawyer unilaterally decided to attend the non-mandatory event rather than attending the deposition, client A is not responsible for the ticket unless client A consented. The lawyer is directed to review RPC 1.2 (scope of representation), 1.4(b) (communication with clients), and 1.13 (clients under a disability).

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.