Advisory Opinion: 2114

Year Issued: 2006

RPC(s): RPC 1.5(e)(2)

Subject: a fee splitting arrangement with a Canadian attorney

The inquirer asks whether an attorney licensed in Washington, to whom a Canadian attorney has referred a wrongful death damage claim, may share the fee with the referring attorney paid out of any recovery.

A Canadian resident traveling in Washington was accidentally killed as a result of another’s negligence. Decedent’s survivors have retained Canadian counsel to commence litigation in Washington. The case was referred to Washington counsel, presumably on a contingent fee arrangement. The inquiring/referred to attorney asks our opinion on the ethical propriety of sharing fees with a lawyer not licensed in Washington or subject to the RPCs in Washington.

The committee opined yes, the fee paid from any recovery may be shared between attorneys, on condition there is compliance with RPC 1.5(e)(2):

The division is in proportion to the services provided by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation; the client is advised of and does not object to the participation of all the lawyers involved; and the total fee is reasonable.

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.