Advisory Opinion: 1563

Year Issued: 1994

RPC(s): RPC 1.5

Subject: Fee agreement stating files belong to firm, preventing client from settling case without approval and permitting firm to withdraw at its discretion

The Committee reviewed and discussed the Legal Services Agreement (Agreement) that you recently revised. The Committee was of the opinion that there are violations of the Rules of Professional Conduct throughout the Agreement, as well as substantive legal problems. The provisions in the Agreement which are in violation of the Rules of Professional Conduct include, but are not limited to, the following Sections: Section VII (stating that files belong at the law firm); Section XI (stating that the client shall not settle or compromise the claim without the law firm's approval); and Section XII (stating that the law firm can sever the relationship at any time at its discretion).

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.