Can a Washington lawyer give a fixed percentage of a gross fee directly to a charity?
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This page answers the general question as of 1997. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee addressed whether a lawyer could allocate 15% of a gross fee directly to a charitable organization. It concluded that RPC 5.4(a), which governs the division of fees with a nonlawyer, prohibits the arrangement.
Currency note
This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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. Washington's cited rule corresponds to ABA Model Rule 5.4 (professional independence of a lawyer).
Common questions
Q: Can a lawyer route a set percentage of the fee straight to a charity?
A: The committee concluded that RPC 5.4(a) prohibits a lawyer from allocating 15% of a gross fee directly to a charitable organization.
Q: Which rule controls?
A: RPC 5.4(a), the rule on the division of fees with a nonlawyer, which corresponds to ABA Model Rule 5.4.
Background and rules framework
The opinion applied RPC 5.4(a) (the prohibition on sharing legal fees with a nonlawyer, corresponding to ABA Model Rule 5.4) to a proposal to direct a percentage of a gross fee to a charity. The committee treated a charitable organization as a nonlawyer for purposes of the fee-division rule and found the direct allocation barred.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 5.4 (professional independence of a lawyer); Washington RPC 5.4(a)
See also
- WA Ethics Op. 1132: Lawyer-Intermediary Fee Sharing
- WA Ethics Op. 1172: Fee Split With a Suspended Lawyer
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=790
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1716
Year Issued: 1997
RPC(s): RPC 5.4(a)
Subject: Division of fees with nonlawyer; allocating a percentage of gross fee to charity
The Committee decided that RPC 5.4(a) prohibits an attorney from allocating 15% of a gross fee directly to [a charitable organization].
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