Advisory Opinion: 1936

Year Issued: 2000

RPC(s): RPC 1.8(h); 8(f)

Subject: Professional risk management when acting as house counsel

[Editor's Note; Ethics inquiry #1936 concerns professional risk management when acting as house counsel.]

The Committee has reviewed your inquiry and determined the following:

The Rules of Professional Conduct and specifically RPC 1.8(h) are applicable to in-house counsel practicing in Washington under Admission to Practice Rule 8(f). The existence of an attorney client relationship in this context was specifically addressed in the committee’s earlier letter. This relationship exists, notwithstanding any separate definition given the words "a matter" in RPC 1.8(h).

The form of prospective liability limitation agreement addressed in RPC 1.8(h) is prohibited in Washington state, unless specifically permitted outside the RPC by Washington state law. The committee knows of no case or other law in Washington State that specifically permits such an agreement.

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.