Advisory Opinion: 1897

Year Issued: 1999

RPC(s): RPC 1.14(b)(4); Formal Opinion 185

Subject: Payment of settlement to client when there are outstanding medical bills

The inquirer asked if a lawyer, who received personal injury settlement monies, may release the funds directly to the client when the lawyer was aware of substantial medical expenses, absent any guarantee of payment to creditors or medical liens.

While the committee does not give legal advice regarding pending matters, the inquiring lawyer’s reference to and reliance upon RPC 1.14(b)(4) and Formal Opinion 185 are well founded. We express no opinion about possible liability under subrogation or other legal proceedings.

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.