Advisory Opinion: 1260

Year Issued: 1989

RPC(s): RPC 1.5(e); 8.4(d)

Subject: Purchase of law practice from judge; division of fees; disclosure to opposing counsel

As you were present during the Committee's discussion of your inquiry, you are aware of the Committee's determination on this matter. First, the Committee was of the opinion that your law firm could enter into the proposed financial arrangement to purchase a law practice from a part-time municipal judge who is about to become a full-time municipal judge. Second, the Committee was of the opinion that RPC 8.4(d) requires that you disclose that arrangement to opposing counsel if failure to disclose would be prejudicial. Third, the Committee is of the opinion if would be permissible and preferable to pay the judge outright for the practice and not make payments based on subsequent fee collection. Last, the question of whether this latter arrangement would need to be disclosed was the same as the answer to the second question.

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.