Advisory Opinion: 1103

Year Issued: 1987

RPC(s): RPC 1.4(b); 1.5(c)

Subject: Fee agreement for contingency fee plus hourly costs for support staff

The Committee considered your inquiry regarding a fee agreement which provides that, in addition to payment of a contingent fee to the lawyer, the client agrees to pay as costs hourly rates for the services of legal support staff. The Committee was of the opinion that such a fee agreement would be permissible provided that, pursuant to RPC 1.4(b), the client is given the necessary information to permit the client to make an informed decision regarding such a fee agreement, and that the requirements of contingency fee agreements in RPC 1.5(c), were complied with and, finally, that the total fee charged was reasonable.

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.