Advisory Opinion: 1478

Year Issued: 1992

RPC(s): RPC 1.5(c); 1.7

Subject: Contingent fee in will context; conflict of interest; representation of two parties in will contest

The Committee reviewed your inquiry regarding representation of two clients in a will contest proceeding. The Committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from accepting such employment on a contingent fee basis. The Committee also reviewed the issue of whether the lawyer may properly represent two parties in the same will contest, and whether the lawyer may subsequently represent one of those parties as personal representative probating the will. The Committee was of the opinion that, assuming there is no present conflict between the parties, such representation would be permissible, but directs your attention to RPC 1.7(b) as to potential future conflicts of which your clients should be advised.

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.