Advisory Opinion: 1172

Year Issued: 1988

RPC(s): RPC 1.5; 5.4(a)

Subject: Division of fees with lawyer to be suspended


The Committee reviewed your inquiry concerning a fee agreement to divide fees with another lawyer who it appears will be suspended from the practice of law for a period of 90 days. The Committee was of the opinion that the lawyer, if suspended, is still entitled to whatever fee is provided for pursuant to the contract, with the caution that, assuming this is a contingent fee case, the suspended lawyer would be entitled to no fees for services performed while that lawyer was suspended.

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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.