WSBA 1986

Can a proposed appointment system for juvenile court cases comply with the rules on conflicts and fee division?

Short answer: The committee concluded that the proposed appointment program appeared fully consistent with the Rules of Professional Conduct, noting it appeared to account for the conflict-of-interest requirements and for RPC 1.5(e) on the division of fees between lawyers.

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This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1986
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 reviewed the facts of an inquiry about establishing an appointment system in certain juvenile court cases. It concluded that the proposed program appeared to be fully consistent with the Rules of Professional Conduct.

The committee noted that the inquirer appeared to have taken into account the requirements of the rules regarding conflicts of interest, as well as RPC 1.5(e) regarding the division of fees between lawyers.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 1.5(e) on the division of fees between lawyers, and the conflict-of-interest rules, were later renumbered and amended. Treat this page as historical context, not current guidance.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: Did the committee approve the proposed juvenile-court appointment system?

A: The committee concluded that the proposed program appeared to be fully consistent with the Rules of Professional Conduct.

Q: Which rules did the committee identify as relevant to the program?

A: The committee noted the conflict-of-interest requirements and RPC 1.5(e), which governs the division of fees between lawyers.

Background and rules framework

The opinion interprets Washington RPC 1.5(e) as it stood in 1986, the rule on dividing fees between lawyers (corresponding to Model Rule 1.5), together with the rules on conflicts of interest. The committee applied them to a proposed appointment system for certain juvenile court cases and found the program, as described, consistent with those requirements.

Citations and references

Rules of Professional Conduct:

  • Washington RPC 1.5(e) (division of fees between lawyers), corresponding to Model Rule 1.5(e).

See also

Source

Original opinion text

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

Advisory Opinion: 971
Year Issued: 1986
RPC(s): RPC 1.5(e)
Subject: Appointment system for juvenile court cases

Upon reviewing the facts set out in your inquiry concerning the establishment of an appointment system in certain juvenile court cases, the Committee was of the opinion that your proposed program appeared to be fully consistent of the Rules of Professional Conduct. It appeared to the Committee that you had taken into account the requirements of the rules regarding conflicts of interests, as well as RPC 1.5(e) regarding division of fees between lawyers.

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