Advisory Opinion: 1389

Year Issued: 1991

RPC(s): RPC 1.8(e)

Subject: Forgiveness of client's debt to lawyer for costs

The Committee was of the opinion that pursuant to RPC 1.8(e), a client remains ultimately liable for payment of costs advanced by a lawyer. Therefore, the Committee was of the opinion that a lawyer could not "forgive" that debt, but was also of the opinion that the lawyer has no affirmative duty to collect those costs.

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.