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WSBA 1990

If a lawyer personally guarantees an arbitrator's fee and the client then refuses to pay, is the lawyer still on the hook?

Short answer: The committee was of the opinion that if the lawyer guaranteed to pay the funds to the arbitrator, the lawyer is obligated to pay, even after the client instructed the lawyer not to.

Apply this to your situation

This page answers the general question as of 1990. 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 1990
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 Not binding precedent.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 payment of an arbitrator's fees. During an arbitration proceeding and on the record, the parties agreed that each would pay one half of the arbitrator's fees. After the lawyer's client objected to paying the fees, the lawyer wrote to the arbitrator that if the client did not pay, the lawyer would personally make the payment and then bill the client for the advancement of costs. The client subsequently again instructed the lawyer not to pay the fees.

The committee was of the opinion, based on these facts, that if the lawyer guaranteed to pay the funds to the arbitrator, the lawyer is obligated to pay.

Currency note

This opinion was issued in 1990, 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 Treat this page as historical context, not current guidance.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: Can a client's later instruction relieve a lawyer who guaranteed payment to an arbitrator?

A: Under this 1990 opinion, no; the committee was of the opinion that if the lawyer guaranteed to pay the funds, the lawyer is obligated to pay despite the client's subsequent instruction not to.

Q: What had the lawyer told the arbitrator?

A: That if the client did not pay, the lawyer would personally make the payment and then bill the client for the advancement of costs.

Background and rules framework

The committee resolved this inquiry on the facts presented, without citing a specific Rule of Professional Conduct. It treated the lawyer's written guarantee to the arbitrator as creating an obligation to pay that the client's later instruction could not undo.

Citations and references

The opinion does not cite a specific Rule of Professional Conduct.

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 payment of arbitrator's fees. As the Committee understood the facts, during an arbitration proceeding and on the record, the parties agreed that each would pay one half of the arbitrator's fees. Subsequently, after your client objected to payment of the fees, you wrote to the arbitrator that if payment was not accomplished by your client, you would personally make payment to him and subsequently bill your client for the advancement of costs. The client subsequently again instructed you not to pay the fees. The Committee was of the opinion based upon these facts that if you guaranteed to pay the funds to the arbitrator, you are obligated to pay.

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