Advisory Opinion: 1783

Year Issued: 1997

RPC(s): RPC 1.2; 1.4; 1.15(b)(4); 1.15(d)

Subject: Lawyer's duty to represent debtor in bankruptcy when debtor unable to pay lawyer's fee


Your inquiry concerns the lawyer's duties to perform legal services for a debtor in possession. The Committee determined that a bankruptcy lawyer may withdraw when there is no means for the debtor to pay the lawyer's fees and need not continue to represent a Chapter 11 debtor in possession when the matter is converted to a Chapter 7 bankruptcy, provided that the provisions of RPC 1.15(b)(4) and 1.15(d), and applicable statutory law and court rules are complied with. Any withdrawal should be consistent with any representation agreement or court order. See RPC 1.2 and 1.4.

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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.