Advisory Opinion: 2032

Year Issued: 2003

RPC(s): RPC 1.5(d)(2), RPC 1.8(j)(2)

Subject: Contingent fees related to administrative license suspensions

The inquiring attorney asks the Committee whether a contingent fee may be charged for representing clients accused of driving under the influence of alcohol in a civil administrative driver’s license suspension or revocation proceeding (as opposed to a criminal DUI proceeding or a license suspension/revocation resulting from a criminal conviction). Under RPC 1.5(d)(2) and RPC 1.8(j)(2), a lawyer may charge a reasonable contingent fee for representing clients in such administrative proceedings because they are not criminal proceedings.

The committee is not expressing an opinion on the reasonableness of a fee arrangement in the situation where the lawyer is handling both the administrative and criminal proceedings arising from the same incident.

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.