Ezel / Ethics Opinions / WSBA

Can a Washington lawyer charge a nonrefundable retainer?

Short answer The committee was of the opinion that nonrefundable retainers are not per se unethical, but like any legal fee they must comply with RPC 1.5.
Bar
WSBA
Issued
1990

Apply this to your situation

This page answers the general question as of 1990. Ask about yours and see what the current Washington Rules of Professional Conduct says for your facts, with citations.

Currency note: this opinion is from 1990
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 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 Treat this page as historical context, not current guidance.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

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.

What do the rules say today, for your facts?

This opinion is from 1990. Ezel checks the current Washington Rules of Professional Conduct against your situation and cites the rules it relies on.

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