Can a Washington lawyer charge a nonrefundable retainer?
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This page answers the general question as of 1990. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry asked whether the Rules of Professional Conduct prohibit lawyers from charging nonrefundable retainers. The committee was of the opinion that nonrefundable retainers are not per se unethical, but that, like any legal fee, they must comply with the requirements of RPC 1.5.
Currency note
This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.
Common questions
Q: Are nonrefundable retainers banned in Washington?
A: Under this 1990 opinion, no; the committee was of the opinion that they are not per se unethical.
Q: What limit did the committee place on them?
A: Like any legal fee, a nonrefundable retainer must comply with the requirements of RPC 1.5.
Background and rules framework
At the time of this opinion, Washington's RPC 1.5 governed the reasonableness of a lawyer's fees, the subject the Model Rules place in Rule 1.5. The committee declined to treat nonrefundable retainers as categorically improper and instead subjected them to the same reasonableness analysis as any other fee.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.5 (fees)
- Washington RPC 1.5
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=427
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee reviewed your inquiry concerning whether the Rules of Professional Conduct prohibit lawyers from charging nonrefundable retainers. The Committee was of the opinion that nonrefundable retainers are not per se unethical, but that, like any legal fee, they must comply with the requirements of Rule 1.5.
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