Advisory Opinion: 1803

Year Issued: 1998

RPC(s): RPC 1.7(b); 1.8(a); 1.8(j)

Subject: Clause in fee agreement making agreement binding on client's heirs

The Committee researched and reviewed your inquiry concerning a lawyer including in a fee agreement the provision that the agreement is binding on heirs and determined the following:

The lawyer faced with a situation where his or her client dies during the pendency of litigation is not without a remedy. Under the Probate Code, the lawyer may petition the court as a creditor to commence a probate and may file a claim under the applicable statutes for any fees that the lawyer has earned. Under appropriate circumstances, the court may order the lawyer to pursue the claim on behalf of the estate. The proposed language in the fee agreement is contrary to RPC 1.7(b), 1.8(a) and 1.8(j).

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.