Advisory Opinion: 1110

Year Issued: 1987

RPC(s): RPC 1.8(a)

Subject: Transaction with client; promissory note secured by deed of trust for undisputed attorney fees

The Committee was of the opinion that the obtaining of a promissory note for the balance of undisputed attorneys fees, secured by deeds of trust, must comply with the requirements of Rule 1.8(a) of the Rules of Professional Conduct. In addition, the Committee directed me to call your attention to In Re McGlothen, 99 W.2d 515, 663 P.2d 1330 (1983) which discusses some of the issue raised by your inquiry.

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.