Can a Washington lawyer put a binding arbitration provision in a fee agreement with a client?

Short answer The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement, but the provision must be consistent with the lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24, and it must be done only with full disclosure to the client.
Bar
WSBA
Issued
1996

Apply this to your situation

This page answers the general question as of 1996. 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 Not binding precedent.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

The committee addressed whether the Rules of Professional Conduct prohibit including an arbitration provision in a fee agreement with a client. It concluded there is no per se prohibition against such a provision, subject to two conditions: the provision must be consistent with the lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24, and it must be done only with full disclosure to the client.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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: Are arbitration clauses in client fee agreements categorically prohibited in Washington?

A: The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement.

Q: What conditions did the committee attach?

A: The provision must be consistent with the lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24, and it must be included only with full disclosure to the client.

Background and rules framework

The opinion did not cite a specific Rule of Professional Conduct. It framed the question around the lawyer's fiduciary obligations to the client and applicable statutory law, identifying RCW Ch. 4.24 as an example, and conditioned the use of an arbitration clause on full disclosure to the client.

Citations and references

Statutes:

  • RCW Ch. 4.24 (cited as an example of applicable statutory law)

See also

Source

Original opinion text

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

Advisory Opinion: 1670
Year Issued: 1996
RPC(s):
Subject: Including arbitration provision in fee agreement with client

The Committee was of the opinion that there is no per se prohibition in the Rules of Professional Conduct against including an arbitration provision in a fee agreement with a client, but that it (1) must be consistent with a lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24; and (2) it properly must be done only with full disclosure to the client.

What do the rules say today, for your facts?

This opinion is from 1996. Ezel checks the current Washington Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace