Advisory Opinion:
2136
Year Issued:
2007
RPC(s):
RPC 115A(f), Formal Opinion 185
Subject:
Attorney`s signature on client`s contract with chiropractor ensuring payment to chiropractor from prospective settlement
The inquirer asks whether an attorney representing an individual may ethically sign an agreement with a medical provider that provides that the client will consent to a lien against “all proceeds” of any settlement. The agreements submitted for review also provide that the attorney would sign a paragraph that reads as follows:
The undersigned, being attorney of record for the above patient, does hereby agree to observe all the terms of the above, and agrees to withhold such sums from any settlement, judgment, or verdict, as may be necessary to adequately protect said health care provider named above.
Dated:_____________________________
________________________
(Signature of Attorney)
The agreements have been labeled “Assignment to Pay Doctor Directly” and “Contractual Guarantee of Payment for Health Care Services”. In each of the proposed documents, the client has been “advised that if my attorney does not wish to cooperate in protecting the health care provider’s interests, the provider will not await payment, but would require me to make payments on a current basis.” The document labeled contractual guarantee of payment also indicates as follows: “I agree to never rescind this document and that any attempted rescission will not be honored by my attorney.”
The issues raised in this inquiry have been previously addressed in WSBA Formal Opinion No. 185. We recommend that you review this Formal Opinion and comply with its terms. Please note that the reference in Opinion No. 185 to RPC 14(b)(4) is no longer correct, and you should refer to RPC 1.15A(f) in the Rules of Professional Conduct, effective September 1, 2006 for the applicable rule. This change in the numbering of the applicable rule does not affect the substance of Opinion No. 185.
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