Advisory Opinion: 2102

Year Issued: 2005

RPC(s): RPC 1.2, 1.4(a), 1.7(b)

Subject: Conflict of interest; waiver of statutory attorney`s fees

The inquirer asks the following questions:

1. What is the ethical duty of an attorney who receives a settlement offer wholly acceptable to the client and which requires the attorney to waive the potential of statutory fees awarded to a prevailing party?

2. Does the attorney making the offer violate the Rules of Professional Conduct?

Under RPC 1.4(a) and RPC 1.2 the attorney has a duty to promptly inform the client of the offer and to abide by the client’s decision whether to accept or reject it. If the attorney’s pecuniary interest in the settlement may materially limit the advice the attorney gives the client then the attorney must satisfy the requirements of RPC 1.7

The purpose of the committee is to advise members of the bar on the ethical propriety of their contemplated professional conduct. The committee may refuse to issue an opinion as to the proposed conduct of someone other than the inquirer. The committee declines to express an opinion regarding the conduct of the lawyer making the offer.

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.