Advisory Opinion: 1935

Year Issued: 2001

RPC(s): RPC 1.5

Subject: Use of percentage of attorney's fee to determine amount of costs to be charged to client

The inquirer asked the committee if a lawyer may ethically add a flat percentage amount to a client’s bill, e.g., 2% or 3%, in lieu of specific itemized charging of costs, such as long distance phone calls, postage, copying and faxes.

The committee opined that a lawyer may charge a flat percentage to a client’s bill in lieu of itemization of costs if there is full prior disclosure to and the agreement of the client and the amount of the charge is 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.