Advisory Opinion: 974

Year Issued: 1986

RPC(s): RPC 5.4(c)

Subject: Independent judgment; lawyer retained by insurance company to represent insured

The Committee was of the opinion that a lawyer representing an insured client must follow the instructions of the client, and not the insurance carrier. Therefore, a lawyer could bring a motion for summary judgment at the request of the insurance carrier only if it was in the client's interest to do so and the client consented after full disclosure. The Committee based its opinion upon Rule 5.4(c) of the Rules of Professional Conduct.

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.