Advisory Opinion: 1451

Year Issued: 1991

RPC(s): RPC 2.3

Subject: Evaluation of likely recovery on behalf of client's creditors

The Committee understood the facts in your inquiry to be that you signed "interest protection agreements" with your client's consent in regard to a 1988 case. You then settled a second 1990 case on behalf of the same client in which you signed a hold harmless agreement. You are now in the process of negotiating settlements with medical creditors as to which bills belong to which case. It is your proposal that if you cannot reach an agreement with those creditors, you will interplead the funds in court for resolution.

Your specific inquiry relates to your desire to provide specific assessments to the creditors regarding the chances of receiving payment. The Committee is of the opinion that that would be permitted under the Rules of Professional Conduct provided that you have your client's consent as provided in RPC 2.3.

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.