Opinion 1154

The Committee understood the facts presented in your inquiry to be that another lawyer has referred a client to you. The other lawyer had originally represented that client and others in a products liability claim and it has now developed that the client referred to you may have a negligence claim against the other clients. You have inquired regarding sharing fees with the other lawyer based upon that referral. The Committee was of the opinion that with regard to the products liability case, you could enter into a reasonable fee sharing agreement pursuant to RLD 1.5 (e). However, regarding the negligence action, the Committee was of the opinion that RPC 1.9 may raise an issue as to whether there is a conflict of interest for the other lawyer to continue to represent the other parties in the negligence action, and therefore the other lawyer would only be entitled to fees for the reasonable value of the services rendered by him prior to his withdrawal from representing the client referred to you.

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.