Advisory Opinion: 1210

Year Issued: 1988

RPC(s): RPC 1.5; 1.8

Subject: Advancing financial assistance; division of fees

The Committee reviewed your inquiry concerning a lawyer who left a former law firm and took with him a contingent fee client. The question presented is whether the lawyer may ethically pay for the client fees owing to the old law firm. The Committee was of the opinion that such payment would be resolving the question of sharing fees between the lawyer and the former law firm and therefore it would not be prohibited. The Committee believed that a new fee agreement should be entered into between the lawyer and client in writing, pursuant to RPC 1.5(c) to reflect the sharing of fees.

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.