Advisory Opinion: 1145

Year Issued: 1987

RPC(s): RPC 1.8(e)

Subject: Lawyer personally guaranteeing settlement payment


Reviewing your inquiry, the committee was of the opinion that it would not be proper for a lawyer to personally guarantee settlement payment on behalf of a client. The Committee was further of the opinion that the question raised by your inquiry concerning a personal check given by the lawyer in payment of the judgment, which was returned for insufficient funds raises a legal rather than an ethical question, and therefore, the Committee could give no opinion.

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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.