Advisory Opinion: 1472

Year Issued: 1992

RPC(s): RPC 4.3; 4.4; Formal Opinion 185

Subject: Guarantee of payment on client's behalf from another client's recovery

The Committee reviewed your inquiry concerning payment of a debt owed by a client to a creditor. The Committee understood the facts to be that you represented a mother and daughter in a personal injury matter. At the request of both mother and daughter, you wrote a letter to a creditor promising to pay the debt of the daughter out of proceeds of a settlement to be obtained on behalf of the mother. After receipt of the letter, the creditor demanded payment and, when the debt was not paid, obtained a judgment against the daughter.

The Committee is of the opinion that, based upon the facts presented by your inquiry, you are ethically obligated to pay from the mother's settlement the creditor's debt. The Committee based this opinion on RPC 4.3 and 4.4 as well as Formal Opinion 185.

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.