🧪 TEST MODE ACTIVE Use test card: 4242 4242 4242 4242
WSBA 1987

Can a lawyer buy a struggling client's property and lease it back to them while representing them?

Short answer: No. The committee concluded that RPC 1.8(e) prohibits the proposed financial assistance: buying property from clients who cannot meet their mortgage payments and leasing it back to them with an option to purchase. It pointed to In re McGlothen, 99 Wn.2d 515, 663 P.2d 1339 (1983).

Apply this to your situation

This page answers the general question as of 1987. 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 1987
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 Not binding precedent.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 inquiry proposed a form of financial assistance to clients: the lawyer would purchase property from clients who could not meet their mortgage payments and lease the property back to them, with an option to purchase.

The committee was of the opinion that RPC 1.8(e) would prohibit the kind of financial assistance set out in the inquiry. It also directed attention to In re McGlothen, 99 Wn.2d 515, 663 P.2d 1339 (1983), as a decision discussing some of the issues the inquiry raised.

Currency note

This opinion was issued in 1987, 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 Treat this page as historical context, not current guidance.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: Can a lawyer buy a client's home and rent it back to keep the client housed?

A: Per the committee, no. It concluded RPC 1.8(e) prohibits the proposed purchase-and-leaseback as financial assistance to the clients.

Q: Did the committee point to any authority beyond the rule?

A: Yes. It directed attention to In re McGlothen, 99 Wn.2d 515, 663 P.2d 1339 (1983), as discussing some of the issues the inquiry raised.

Background and rules framework

The opinion applied RPC 1.8(e) (the bar on a lawyer providing financial assistance to a client in connection with litigation, corresponding to ABA Model Rule 1.8(e)). The committee read the proposed purchase of the clients' property and leaseback with an option to purchase as the kind of financial assistance the rule prohibits, and cited a Washington Supreme Court decision as related authority.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 1.8(e) (financial assistance to clients); Washington RPC 1.8(e)

Cases:

  • In re McGlothen, 99 Wn.2d 515, 663 P.2d 1339 (Wash. 1983), cited as discussing issues raised by the inquiry

See also

Source

Original opinion text

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

Advisory Opinion: 1106
Year Issued: 1987
RPC(s): RPC 1.8(e)
Subject: Lawyer providing financial assistance to clients

The Committee was of the opinion that Rule 1.8(e) would prohibit a lawyer from providing the kind of financial assistance set out in your inquiry. [The lawyer proposed purchasing property from clients who cannot meet their mortgage payments and leasing the property back to the clients, with an option to purchase]. The Committee also directed me to call your attention to In re McGlothen, 99 W.2d 515, 663 P.2d 1339 (1983) which discusses some of the issues raised by your inquiry.

Get today's answer for your situation

You just read a 1987 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.

Opens in Ezel Pro. Every answer cites the rules it relies on.