Advisory Opinion: 1751

Year Issued: 1997

RPC(s): RPC 1.5; 1.15; 8.4

Subject: Fee agreement permitting lawyer to withdraw if fees unpaid

[The inquiry concerned] the ethical implications of specific language in a proposed fee agreement, to wit:

"I further understand that, if applicable, the additional fee for a trial must be paid no later than the date the case is set for trial. If I do not pay the fees or costs as agreed, I understand that [the attorney] will be relieved of any further obligation to represent me or to appear in court on my behalf and, in that event, I authorize him to withdraw from my case."

It is the committee's opinion that because the proposed fee agreement language contemplates withdrawal from a case in violation of RPC 1.15, 1.5 and 8.4, it does not comport with the letter, spirit, intent and meaning of the Rules. In addition, the material meaning of the court rules and substantive case law that covers this issue, is inconsistent with your answer.

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.