Can a lawyer simply forgive a client's debt for costs the lawyer advanced?
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This page answers the general question as of 1991. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The committee was of the opinion that, pursuant to RPC 1.8(e), a client remains ultimately liable for payment of costs advanced by a lawyer. The committee was therefore of the opinion that a lawyer could not "forgive" that debt. It was also of the opinion that the lawyer has no affirmative duty to collect those costs.
Currency note
This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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 lawyer write off a client's debt for advanced costs?
A: Under this 1991 opinion, no; the committee was of the opinion that because RPC 1.8(e) keeps the client ultimately liable for advanced costs, the lawyer could not "forgive" that debt.
Q: Does the lawyer have to chase the client for the costs?
A: No. The committee was of the opinion that the lawyer has no affirmative duty to collect those costs.
Background and rules framework
At the time of this opinion, Washington's RPC 1.8(e) permitted advancing litigation costs but required the client to remain ultimately liable for them, the subject the Model Rules place in Rule 1.8(e). The committee read that ultimate-liability requirement to bar outright forgiveness of the debt, while not imposing a duty to collect it.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.8(e) (advancing litigation costs)
- Washington RPC 1.8(e)
See also
- WA Ethics Op. 1379: A Lawyer's Guarantee to Pay an Arbitrator's Fee
- WA Ethics Op. 1366: Reciting an Hourly-Rate Offer in a Contingent Fee Agreement
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=469
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
The Committee was of the opinion that pursuant to RPC 1.8(e), a client remains ultimately liable for payment of costs advanced by a lawyer. Therefore, the Committee was of the opinion that a lawyer could not "forgive" that debt, but was also of the opinion that the lawyer has no affirmative duty to collect those costs.
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