Does the business-transaction-with-a-client rule, RPC 1.8(a), govern negotiating a new fee agreement with an existing client for a different matter?

Plain-English summary

On September 22, 1989, the committee reviewed an inquiry about whether RPC 1.8(a) applies to the negotiation of new fee agreements, for other legal matters, with a lawyer's existing clients. The committee was of the unanimous opinion that RPC 1.8(a) does not apply to attorney-client fee agreements.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of 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 Treat this page as historical context, not current guidance.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: Does RPC 1.8(a) govern fee agreements with clients?

A: Under this 1989 opinion, no. The committee was unanimously of the opinion that RPC 1.8(a) does not apply to attorney-client fee agreements.

Q: Does it matter that the fee agreement is a new one with an existing client for a different matter?

A: The inquiry was framed that way, and the committee still concluded RPC 1.8(a) does not apply to attorney-client fee agreements.

Background and rules framework

RPC 1.8(a), Washington's version of ABA Model Rule 1.8(a), regulates business transactions with a client and knowing acquisition of an interest adverse to a client, requiring fair terms, written disclosure, and informed consent. The committee concluded that this business-transaction rule does not reach attorney-client fee agreements, which are governed by the fee rules rather than the business-transaction rule.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.8 (current clients: specific rules; business transactions with a client)
• Washington RPC 1.8(a)

See also

• WA Ethics Op. 1308: Contingent Fee in a Traffic Infraction
• WA Ethics Op. 1295: Lawyer Also a Mortgage Broker

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=401

Original opinion text

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

On September 22, 1989, the Rules of Professional Conduct Committee reviewed your inquiry concerning the application of Rule 1.8(a) of the Rules of Professional Conduct to the negotiation of new fee agreements [for other legal matters] with existing clients of a lawyer. The Committee was of the unanimous opinion that RPC 1.8(a) does not apply to attorney/client fee agreements.