Opinion 1678

The Committee discussed your inquiry regarding the ethical considerations involved in taking legal action against a client and taking steps to enter alternative dispute resolution with a client. In your inquiry, you stated you had performed and continue to perform work for a client without a final written agreement regarding your compensation. Your first question was whether the Rules of Professional Conduct allow you to try to persuade your client to resolve the contractual dispute regarding your compensation through alternative dispute resolution. The Committee concluded that nothing in the Rules prohibits you from trying to persuade your client to use alternative dispute resolution, but under RPC 4.2, you must not communicate directly with your client about this matter, but must communicate through the client's attorney.
In response to your second question regarding the ethical considerations of taking legal action against your client in the matter, the Committee decided that, assuming you can meet the requirements of RPC 1.7, 1.8, 3.1 and CR 11, you may pursue legal action against your client.

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.