Advisory Opinion: 2024

Year Issued: 2003

RPC(s):

Subject: non-refundable fee for costs, non-profit law firm

The inquiring lawyer is part of a non-profit law firm which represents clients of limited means. They do not charge attorney fees, but currently require that clients pay $100 towards costs. These payments are placed in an IOLTA account until disbursed to pay for costs. The inquirer proposes to charge a $100 “non-refundable fee” for each case to be used for “incidental costs associated with the opening of a file.” The inquirer asks if the firm may place the $100 “non-refundable fee” in its regular account when it is received. The committee opined that the firm may do so.

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.