Advisory Opinion: 1269

Year Issued: 1989

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

Subject: Division of fees with nonlawyer; lawyer rebates salary to employer if receives court-awarded attorney fees

The Committee reviewed your inquiry concerning an agreement with your employer regarding court awarded attorney's fees. The Committee understood the facts to be that you are paid a salary whether you win or lose a case, and that if you are awarded attorney fees you keep those fees and rebate to your employer that portion of the salary paid for your time spent on that matter. The Committee was of the opinion that this did not constitute a splitting of fees with a non-lawyer, and so long as the fees otherwise complied with RPC 1.5(a), there is nothing ethically improper with such conduct.

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.