Advisory Opinion: 2208

Year Issued: 2010

RPC(s): 1.8(m)(1)(ii)

Subject: Lawyer paying costs of routine investigation services under county contract

Under its rules of procedure, the RPC Committee does not generally opine on past conduct, and will not do so here. Moreover, the Committee is not in a position to assess the reasonableness of the funding in a contract for public defender services or to involve itself in the negotiations over the terms of such a contract, and declines to do so here. However, because future conduct also appears to be implicated in the inquiry, the Committee is in a position to advise the inquiring lawyer that RPC 1.8(m)(1)(ii) requires a contract that, among other things, specifically designates a fair and reasonable amount for the costs of all investigations services, whether extraordinary or not.

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.