Advisory Opinion: 1595

Year Issued: 1995

RPC(s): RPC 1.5; 1.8(j)

Subject: Security interest in real property to secure fee in dissolution

The Committee reviewed your inquiry concerning taking an interest in real property which is the subject matter of a marriage dissolution proceeding. The Committee was of the opinion that, since in a dissolution all property is at issue, this would constitute taking an interest in the subject matter of litigation in violation of RPC 1.8(j). In addition, since the question of whether the lawyer's client would have an ownership interest in the real property is contingent upon the outcome of the case, it would violate RPC 1.5(e).

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.