Advisory Opinion: 1379

Year Issued: 1990

RPC(s):

Subject: Lawyer guaranteed payment of costs that client instructed lawyer not to pay

The Committee reviewed your inquiry concerning payment of arbitrator's fees. As the Committee understood the facts, during an arbitration proceeding and on the record, the parties agreed that each would pay one half of the arbitrator's fees. Subsequently, after your client objected to payment of the fees, you wrote to the arbitrator that if payment was not accomplished by your client, you would personally make payment to him and subsequently bill your client for the advancement of costs. The client subsequently again instructed you not to pay the fees. The Committee was of the opinion based upon these facts that if you guaranteed to pay the funds to the arbitrator, you are obligated to pay.

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.