Can a lawyer take an assignment of a client's judgment for past-due child support to secure the lawyer's fees?

Short answer The committee was of the opinion that the mother had the full ability to assign her own interest in back child support to secure the attorney's fees, but that the extent of her interest would depend on the criteria set forth in Hartman v. Smith.
Bar
WSBA
Issued
1987

Apply this to your situation

This page answers the general question as of 1987. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The inquiry asked whether an attorney and client could enter into an assignment of a judgment for past-due child support to secure the attorney's fees.

The committee was of the opinion that the mother would have the full ability to assign her own interest in back support. It did not, however, fix the size of that interest: the extent of her interest would depend on the criteria set forth in Hartman v. Smith, 100 Wn.2d 766, 674 P.2d 176 (1984). The committee resolved the inquiry as a question of the client's own legal ability to assign her interest rather than under a specific Rule of Professional Conduct.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct, and it rests on Washington case law (Hartman v. Smith, 1984) governing the assignability of back child support. Subsequent rule amendments, statutes, or later decisions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules and case law before relying on anything mentioned here.

Common questions

Q: Can a client assign a judgment for back child support to her lawyer to secure fees?

A: Per the opinion, the committee was of the opinion that the mother had the full ability to assign her own interest in back support.

Q: Did the committee decide how much of the support judgment could be assigned?

A: No. The committee said the extent of the mother's interest would depend on the criteria set forth in Hartman v. Smith; it did not resolve that question itself.

Background and rules framework

The opinion cites no Rule of Professional Conduct. The committee treated the question as one of the client's underlying legal ability to assign her own interest in back child support, deferring to Hartman v. Smith for the criteria that fix the extent of that interest. The ethics inquiry (whether attorney and client could enter the assignment to secure fees) turned on that legal question rather than on a specific conduct rule.

Citations and references

The opinion cites no Rule of Professional Conduct.

Cases:

  • Hartman v. Smith, 100 Wn.2d 766, 674 P.2d 176 (Wash. 1984), criteria governing the extent of a party's assignable interest in back child support.

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1127
Year Issued: 1987
RPC(s):
Subject: Assignment of judgment to lawyer for past due child support

Your inquiry related to whether an attorney and client may enter into an assignment of a judgment for past due child support, to secure the attorney's fees. It was the opinion of the Committee that the mother would have the full ability to assign her own interest in back support, but that the extent of her interest would depend on the criteria set forth in Hartman v. Smith, 100 Wn. 2d 766, 674 P.2d 176 (1984).

What do the rules say today, for your facts?

This opinion is from 1987. Ezel checks the current Washington Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace