Opinion 1094

The Committee considered your inquiry regarding the obligations of a lawyer to pay fees for expert witnesses subpoenaed by the lawyer at a client's request and for which the client had agreed to pay. The Committee was of the opinion that when a lawyer issues a subpoena the lawyer is doing so under his authority as an officer of the court, and that failure to pay witness fees when requested is a violation of Rule 8.4(d) as it is prejudicial to the conduct of justice. The Committee was of the opinion that the lawyer could make it clear to the expert witness that the client was going to be responsible for the costs, or, in the alternative, could require that the client pay the costs in advance.

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.