Advisory Opinion: 1570

Year Issued: 1994

RPC(s): RPC 5.4

Subject: Deposit of attorney fee awards into client's bank account

I have been instructed by the Rules of Professional Conduct Committee to respond to your inquiry regarding the disposition of attorney's fees by an attorney/employee of a non-profit employer. Specifically, you ask whether it is a violation of RPC 5.4 if attorney fees awarded to an attorney employed by a non-profit group are deposited into the group's general account. It was the opinion of the RPC Committee that attorney fee awards belong to the client, not the attorney, unless the attorney and the client mutually agree otherwise.

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.