Advisory Opinion: 1017

Year Issued: 1986

RPC(s): RPC 1.5 (b); 1.7; 1.8

Subject: Conflicts of interest; fee agreements; lawyer who also acts as real estate broker


The Committee understood from your inquiry that you regularly represent both buyers and sellers in real estate transactions, and that in addition you also perform the functions of a real estate broker and on occasion may join with the purchaser in these transactions as a partner. In reviewing the materials submitted with your inquiry, the Committee was of the opinion that your fee agreement submitted to your client is inadequate in that it does not communicate the basis or rate of the fee as required by RPC 1.5(b). In addition, the Committee was of the opinion that your communications to your clients do not provide the disclosures required by RPC 1.7 regarding the conflicts of interest between clients and RPC 1.8 concerning business transactions with clients.

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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.