Advisory Opinion: 1347

Year Issued: 1990

RPC(s): RPC 1.5

Subject: Nonrefundable retainers not per se unethical

The Committee reviewed your inquiry concerning whether the Rules of Professional Conduct prohibit lawyers from charging nonrefundable retainers. The Committee was of the opinion that nonrefundable retainers are not per se unethical, but that, like any legal fee, they must comply with the requirements of Rule 1.5.

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.