Advisory Opinion: 1254

Year Issued: 1989

RPC(s): RPC 3.4(b)

Subject: Expert witness paid contingent fee

The Committee considered your inquiry concerning the payment of a contingent fee to an expert witness. The Committee was of the opinion that the question is governed by RPC 3.4(b) which provides that a lawyer shall not offer an inducement to a witness that is prohibited by law. Whether a contingent fee is prohibited by law is a legal question which the Committee cannot answer.

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.