Can a lawyer take a security interest in property that is the subject of the litigation the lawyer is handling?

Short answer The committee was of the opinion that taking a security interest in a computer system that is the subject of the litigation would violate RPC 1.8(j).
Bar
WSBA
Issued
1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, 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 Not binding precedent.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

A lawyer asked about taking a security interest in a computer system that is the subject of the litigation. The committee was of the opinion that such conduct would violate RPC 1.8(j).

Currency note

This opinion was issued in 1994, 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 Treat this page as historical context, not current guidance.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. Under Washington's pre-2006 numbering, RPC 1.8(j) corresponds to the prohibition on acquiring a proprietary interest in the subject of litigation, now ABA Model Rule 1.8(i).

Common questions

Q: Can a lawyer take a security interest in the very property being litigated?

A: The committee said taking a security interest in a computer system that is the subject of the litigation would violate RPC 1.8(j).

Q: What rule does this implicate?

A: The committee grounded the conclusion in RPC 1.8(j), which (under Washington's pre-2006 numbering) bars a lawyer from acquiring a proprietary interest in the subject of the litigation.

Background and rules framework

The opinion applied RPC 1.8(j), Washington's pre-2006 prohibition on a lawyer acquiring a proprietary interest in the cause of action or subject matter of litigation, corresponding to ABA Model Rule 1.8(i). The committee treated a security interest in the litigated computer system as the kind of proprietary interest the rule forbids.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 1.8(i) (proprietary interest in cause of action or subject of litigation); Washington RPC 1.8(j)

See also

Source

Original opinion text

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

Advisory Opinion: 1582
Year Issued: 1994
RPC(s): RPC 1.8(j)
Subject: Security interest in property that is subject of litigation

The Committee reviewed your inquiry regarding taking a security interest in a computer system which is the subject of litigation. The Committee was of the opinion that such conduct would violate RPC 1.8(j).

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