Advisory Opinion: 1928

Year Issued: 2000

RPC(s): RPC 1.8(e)

Subject: Advance by lawyer of costs to indigent client who is unlikely to repay lawyer

[Editor's Note: Ethics inquiry #1928 concerns the expenditure of personal funds on a pro bono case.]

The Committee has reviewed your inquiry and determined the following:

The inquiry concerns whether it is ethical for a lawyer, representing an indigent client, to advance costs when the lawyer believes it unlikely that the client will be able to repay the advance.

The committee opined that the Rules of Professional Conduct do not prohibit a lawyer from advancing funds on behalf of a pro bono client, so long as he complies with RPC 1.8(e) that provides that the client must remain ultimately responsible for payment of the costs and other applicable rules.

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.