Advisory Opinion: 1625

Year Issued: 1995

RPC(s): RPC 1.5; 1.15

Subject: Fee agreement terms; authority to withdraw

The Committee discussed your inquiry regarding the language of a fee agreement. The Committee has jurisdiction to respond to specific questions only; it is not in a position to review entire fee agreements or to pass on questions of law. However, the Committee did offer the following two comments on the fee agreement you submitted, and there may be other problems with the agreement as well.

(1) There may be problems with paragraph 4 covering "Full Disclosure Required. Discharge." The sentence beginning: "You acknowledge that I have the right to withdraw from your case . . . " could be misleading and may not comply with RPC 1.15, as withdrawal from representation may be subject to relevant law or court approval. (2) In paragraph 1, on "Deposit and Fees", either the hourly rate or the language discussing the factors considered in determining legal fees should be used, but not both.

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.