Advisory Opinion: 1498

Year Issued: 1992

RPC(s): RPC 1.10(b); 4.2

Subject: Imputed disqualification; apportionment of fee and notice to former client

The Committee reviewed your inquiry concerning compliance with RPC 1.10(b) and the requirement that a lawyer who is screened from participation in a matter is "apportioned no part of the fee therefrom". First, the Committee distinguished between a personally disqualified associate attorney and a personally disqualified partner. The Committee was of the opinion that a personally disqualified associate may be paid a regular salary, but may not share in any bonus or any other additional payment based upon the fee received in the case from which he or she is screened.

The Committee was of the opinion that in the case of a personally disqualified partner, the law firm must put into place an accounting practice to ensure that the gross income received from the case is handled in such a way that the personally disqualified partner does not share in it in any way. The Committee was further of the opinion that the law firm must document that accounting because the rule places the burden of proof of compliance upon the law firm.

Further, you inquire whether compliance with the notice requirement of RPC 1.10(b) would violate RPC 4.2. The Committee was of the opinion that it would not violate that rule because, first, the notice to be provided is not the "subject matter of the representation" and second, since the Rules of Professional Conduct require this notice, it is "authorized by law" as RPC 4.2 provides for.

[Editor's Note: See Formal Opinion 190]

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.