Advisory Opinion: 988

Year Issued: 1986

RPC(s): RPC 5.6(b)

Subject: Agreement by lawyer agrees not to sue defendant

The Committee considered your inquiry regarding agreements not to sue a defendant for a limited or unlimited period of time. The Committee was of the opinion that Rule 5.6(b) of the Rules of Professional Conduct would prohibit such an agreement as a condition of a settlement, whether contained within the settlement agreement or a separate agreement.

[The ethics inquiry also concerned an agreement by a lawyer not to represent parties adverse to another party which was fully independent from any settlement agreement.] The Committee was of the opinion that if such an agreement were actually independent from any settlement agreements, there would be nothing in the Rules of Professional Conduct to prohibit such an agreement, whether by way of the lawyer being retained by the party or some other agreement. However, the Committee did want to caution you that such an agreement could not indirectly do what RPC 5.6(b) specifically prohibits.

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.