WSBA 1988

Can a lawyer agree with a group of clients that the group is responsible for litigation costs, even though only some members will actually pay?

Short answer: The committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation, with the understanding that only certain members might actually be responsible for paying those obligations.

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This page answers the general question as of 1988. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, 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 Not binding precedent.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 committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation, with the understanding that only certain members might actually be responsible for the payment of those obligations.

Currency note

This opinion was issued in 1988, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule it discusses, RPC 1.8 (conflict of interest; prohibited transactions, including arrangements for litigation costs), corresponds to Model Rule 1.8 and has since been amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule or requirement mentioned here.

Common questions

Q: Can a group of clients agree to be jointly responsible for litigation costs?

A: Per the opinion, yes. The committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation.

Q: Does it matter that only some of the group will actually pay?

A: The committee permitted the arrangement with the understanding that only certain members might actually be responsible for the payment of those obligations.

Background and rules framework

The opinion applies Washington RPC 1.8 (conflict of interest; prohibited transactions), corresponding to Model Rule 1.8, to an arrangement for litigation costs among a group of clients. The committee approved an agreement making the group responsible for litigation costs while only certain members are actually responsible for payment.

Citations and references

Rules of Professional Conduct:

Washington RPC 1.8 (conflict of interest; prohibited transactions, including arrangements for litigation costs), corresponding to Model Rule 1.8.

Source

Landing page: https://ao.wsba.org/print.aspx?ID=310

Original opinion text

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

Advisory Opinion: 1230
Year Issued: 1988
RPC(s): RPC 1.8
Subject: Payment of costs; only certain members of group of clients responsible

The Committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation, with the understanding that only certain members might be actually responsible for the payment of such obligations.

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