Can a retainer agreement let a legal services center negotiate the merits of a claim separately from attorney fees?
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This page answers the general question as of 1991. 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
A legal services center asked about a retainer agreement in which the client authorizes the center to negotiate the merits of the claim separate and apart from the issue of attorney fees. The committee understood that the agreement also provided that all settlement offers would be presented to the client.
The committee noted that RPC 1.2 provides that an agreement between a lawyer and client may limit the objectives of the representation, but that the lawyer must still abide by the client's decision whether to accept settlement of the matter. On those terms, the committee was of the opinion that the agreement complied with the rule.
Currency note
This opinion was issued in 1991, before 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 Treat this page as historical context, not current guidance.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: Can a lawyer and client agree to handle the fee negotiation separately from the claim?
A: The committee was of the opinion that an agreement letting the legal services center negotiate the merits of the claim apart from attorney fees complied with RPC 1.2.
Q: What did the rule require the agreement to preserve?
A: The committee said the lawyer must still abide by the client's decision whether to accept settlement, and it noted the agreement provided that all settlement offers would be presented to the client.
Background and rules framework
The opinion applied RPC 1.2, Washington's rule on the scope of representation and allocation of authority, which corresponds to ABA Model Rule 1.2 and lets an agreement limit the objectives of the representation while reserving the settlement decision to the client. The committee's analysis turned on the agreement's provision that all settlement offers would be presented to the client.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.2 (scope of representation; allocation of authority; settlement decisions)
- Washington RPC 1.2
See also
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=514
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1434
Year Issued: 1991
RPC(s): RPC 1.2
Subject: Agreement permitting legal services agency to negotiate settlement of attorney fees separate from claim; limits on objectives of representation
The Committee reviewed your inquiry concerning use of a retainer agreement in which the client authorizes your legal services center to negotiate the merits of the claim separate and apart from the issue of attorney fees. The Committee understood that the agreement also provides that all settlement offers will be presented to the client.
The Committee notes that RPC 1.2 provides that an agreement between a lawyer and client may limit the objectives of the representation but that the lawyer must still abide by the client's decision whether to accept settlement of the matter. The Committee is of the opinion that your agreement complies with that rule.
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