Advisory Opinion: 1516

Year Issued: 1993

RPC(s): RPC 5.4(b); 5.5(b)

Subject: Assisting unauthorized practice of law; division of fees with nonlawyer

[A corporation enters into contingent fee agreements with prospective personal injury plaintiffs, which authorize the corporation to settle or litigate the claim. The inquiring lawyer would advise the corporation during negotiations and if necessary, litigate the case, representing the corporation as an assignee of the plaintiff. The lawyer would bill the corporation on an hourly basis.] The Committee was of the unanimous opinion that your proposed arrangement with [the corporation] would be a gross violation of RPC 5.5 (b) and RPC 5.4 (b).

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.