Advisory Opinion: 1398

Year Issued: 1991

RPC(s): RPC 1.5(c)(2); 1.5(e)

Subject: Division of fees; contingent fee agreement


[The lawyer proposed using a contingent fee agreement, stating in pertinent part, "The law firm will associate with other counsel in this matter. It is understood that Law Firm A and Law Firm B are jointly responsible for legal services in this matter, and a division of fees will be made. This division will not increase attorney fees to the client." ] The Committee reviewed your inquiry concerning a proposed contingent fee agreement. The Committee was of the opinion that your proposed fee agreement complies with RPC 1.5(c)(2) and 1.5(e) so long as both lawyers sign the agreement. The Committee cannot comment on the reasonableness of the total fee in any particular case nor any particular division of fees in a case.

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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.