Can a lawyer take a contingent fee representing a client who was assigned a lawsuit on a contingent fee basis, and can the lawyer share the fee with the assignee?
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This page answers the general question as of 1993. 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 lawyer asked about representing a client on a contingent fee basis when the client had been assigned a lawsuit, also on a contingent fee basis. The committee was of the opinion that the lawyer could accept the contingent fee, but could not share the fee with the assignee.
The committee specifically did not address other legal questions, such as the assignability of the claim and whether the client would be a suitable representative of a class in the event of a class action.
Currency note
This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the 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 Treat this page as historical context, not current guidance.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 take a contingent fee for a client who was assigned the lawsuit?
A: The committee said the lawyer could accept the contingent fee.
Q: Can the lawyer share that fee with the assignee?
A: The committee said no; the lawyer could not share the fee with the assignee.
Q: Did the committee resolve whether the claim could be assigned?
A: No. It specifically did not address the assignability of the claim or whether the client would be a suitable class representative, treating those as legal questions.
Background and rules framework
The opinion applied RPC 1.5 (corresponding to ABA Model Rule 1.5), governing fees including contingent fees. The committee permitted the contingent-fee representation but drew the line at fee sharing with the assignee, while leaving the underlying assignability and class-representation questions to the law.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.5 (fees; contingent fees); Washington RPC 1.5
See also
- WA Ethics Op. 1517: Contingent Fee Terms and Settlement Authority
- WA Ethics Op. 1522: Joint Responsibility in a Divided Fee
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=620
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1539
Year Issued: 1993
RPC(s): RPC 1.5
Subject: Contingent fee; client is assignee of lawsuit on contingent fee basis
The Committee reviewed your inquiry concerning representation of a client on a contingent fee basis when the client has been assigned a law suit also on a contingent fee basis. The Committee was of the opinion that the lawyer could accept the contingent fee, but could not share his fee with the assignee. The Committee specifically did not address other legal questions such as the assignability of the claim and whether the client would be a suitable representative of a class in the event of a class action.
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