Can a fee agreement tell the client the lawyer has the right to withdraw from the case at any time?

Plain-English summary

A lawyer asked the committee to comment on the language of a fee agreement. The committee noted that it has jurisdiction to respond to specific questions only and is not in a position to review entire fee agreements or to pass on questions of law, and that there might be other problems with the agreement beyond the two it addressed.

The committee offered two comments. First, the sentence in paragraph 4 beginning "You acknowledge that I have the right to withdraw from your case" could be misleading and may not comply with RPC 1.15, because withdrawal from representation may be subject to relevant law or court approval. Second, in the paragraph on "Deposit and Fees," either the hourly rate or the language discussing the factors considered in determining legal fees should be used, but not both.

Currency note

This opinion was issued in 1995, 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 Treat this page as historical context, not current guidance.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 1.15 corresponds to ABA Model Rule 1.16 (declining or terminating representation); RPC 1.5 corresponds to ABA Model Rule 1.5 (fees).

Common questions

Q: Can a fee agreement say the lawyer has the right to withdraw from the case?

A: The committee said a clause stating the lawyer has the right to withdraw could be misleading and may not comply with RPC 1.15, because withdrawal may be subject to relevant law or court approval.

Q: Can the agreement list both an hourly rate and the factors used to set fees?

A: The committee said that, in the "Deposit and Fees" paragraph, either the hourly rate or the language discussing the fee factors should be used, but not both.

Q: Did the committee review the whole fee agreement?

A: No. The committee said it responds to specific questions only and is not in a position to review entire fee agreements or pass on questions of law, and that there might be other problems with the agreement.

Background and rules framework

The opinion applied RPC 1.5 (fees, corresponding to ABA Model Rule 1.5) and RPC 1.15 (Washington's pre-2006 rule on declining or terminating representation, corresponding to ABA Model Rule 1.16). The committee's concern with the withdrawal clause turned on the fact that withdrawal may be subject to relevant law or court approval, so an unqualified statement of a right to withdraw could mislead the client.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.5 (fees); Washington RPC 1.5
• ABA Model Rule 1.16 (declining or terminating representation); Washington RPC 1.15

See also

• WA Ethics Op. 1621: Free Service Then Asking for a Retainer
• WA Ethics Op. 1631: Lawyer Paid Through Real Estate Broker Fees

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=708

Original opinion text

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

Advisory Opinion: 1625
Year Issued: 1995
RPC(s): RPC 1.5; 1.15
Subject: Fee agreement terms; authority to withdraw

The Committee discussed your inquiry regarding the language of a fee agreement. The Committee has jurisdiction to respond to specific questions only; it is not in a position to review entire fee agreements or to pass on questions of law. However, the Committee did offer the following two comments on the fee agreement you submitted, and there may be other problems with the agreement as well.

(1) There may be problems with paragraph 4 covering "Full Disclosure Required. Discharge." The sentence beginning: "You acknowledge that I have the right to withdraw from your case . . . " could be misleading and may not comply with RPC 1.15, as withdrawal from representation may be subject to relevant law or court approval. (2) In paragraph 1, on "Deposit and Fees", either the hourly rate or the language discussing the factors considered in determining legal fees should be used, but not both.