Advisory Opinion: 1367

Year Issued: 1990

RPC(s): RPC 1.5(e); 3.7

Subject: Lawyer as witness; disclosure to opposing client that lawyer is participating in representation

The Committee reviewed your inquiry concerning whether a lawyer needs to disclose that a lawyer/witness is participating in the representation of a client and sharing in the contingent fee. The Committee was of the opinion that nothing in the Rules of Professional Conduct requires a lawyer to disclose that relationship to the opposing lawyer, but directed me to call your attention to the provisions of RPC 3.7 and 1.5(e)(2) which might affect other aspects of such a situation as you presented.

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.