Advisory Opinion: 1101

Year Issued: 1987

RPC(s): RPC 1.14(b)

Subject: Guaranteeing client funds to client's creditor


The Committee considered your inquiry regarding the demand from a chiropractor that you guarantee the application of any settlement or judgment funds obtained on behalf of your client to payment of the chiropractor's bill for medical treatment.

The Committee was of the opinion that you could not guarantee any payment of client funds without the informed consent of your client. Since any settlement or judgment funds would be the funds of your client, if your client demanded payment of the funds directly to the client rather than to the chiropractor, you would be obligated to deliver them to the client because they remain client funds. The chiropractor would be left to enforce his debt as would any creditor.

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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.