Advisory Opinion: 1263

Year Issued: 1989

RPC(s):

Subject: Settlement requiring opposing counsel to sign hold harmless

The Committee reviewed your inquiry concerning the practice of a lawyer for one party, as a condition of settlement, demanding that the lawyer for the other party sign a personal hold-harmless agreement. The Committee was of the opinion that the inquiry does not present an ethical question but rather a legal question of whether a lawyer can be required to sign an agreement to do more than what the lawyer is legally obligated to do in consideration for payment of settlement. Since the Committee cannot render legal opinions, it could give you no further advice regarding your inquiry.

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.