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WSBA 1989

May a lawyer condition settlement on the opposing lawyer personally signing a hold-harmless agreement?

Short answer: The committee declined to opine, concluding the inquiry presented a legal question (whether a lawyer can be required to do more than the law obligates in exchange for settlement) rather than an ethical one.

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This page answers the general question as of 1989. 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 1989
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 Not binding precedent.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 concerned the practice of a lawyer for one party demanding, as a condition of settlement, that the lawyer for the other party sign a personal hold-harmless agreement.

The committee was of the opinion that the inquiry does not present an ethical question, but rather a legal question of whether a lawyer can be required to sign an agreement to do more than what the lawyer is legally obligated to do in consideration for payment of a settlement. Because the committee cannot render legal opinions, it could give no further advice on the inquiry.

Currency note

This opinion was issued in 1989, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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: Did the committee decide whether the hold-harmless demand was proper?

A: No. It found the question legal rather than ethical and declined to answer, noting it cannot render legal opinions.

Q: How did the committee frame the underlying question?

A: As whether a lawyer can be required to sign an agreement to do more than the law obligates, in consideration for payment of a settlement.

Background and rules framework

The committee treated the inquiry as outside its advisory role, characterizing it as a legal question about a lawyer's contractual obligations in settlement rather than a question of professional ethics. It identified no Rule of Professional Conduct as governing and declined to opine.

Citations and references

The opinion cited no rules, statutes, cases, or prior opinions.

See also

Source

Original opinion text

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

The Committee reviewed your inquiry concerning the practice of a lawyer for one party, as a condition of settlement, demanding that the lawyer for the other party sign a personal hold-harmless agreement. The Committee was of the opinion that the inquiry does not present an ethical question but rather a legal question of whether a lawyer can be required to sign an agreement to do more than what the lawyer is legally obligated to do in consideration for payment of settlement. Since the Committee cannot render legal opinions, it could give you no further advice regarding your inquiry.

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