Advisory Opinion: 1806

Year Issued: 1998

RPC(s): RPC 1.1; 1.2(d); 8.4

Subject: Establishment of an entity in a foreign country for client's transfer of funds

The Committee researched and reviewed your inquiry concerning the establishment of an entity in a foreign country [on a client's behalf for transfer of funds to that entity] and determined the following:

It is not clear from the facts presented whether the duty of competent representation under RPC 1.1 requires the lawyer to inquire into the client's source of funds or whether there may be claims against the funds. Consequently, the Committee is unable to render an opinion on this specific point. The lawyer is cautioned to review RPC 1.2(d) and 8.4 regarding criminal activity, fraud, deceit or misrepresentation

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.