Can a lawyer pay another lawyer to review draft wills without the client's knowledge or consent?
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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 inquiry concerned the practice of asking other lawyers to review wills the inquirer prepared for clients, without the knowledge or consent of the client, for which the inquirer would pay the reviewing lawyer a fee. The committee was of the opinion that RPC 1.6 requires, prior to disclosing any client confidences or secrets, that the lawyer have the consent of the clients to do so.
In addition, the committee was of the opinion that dividing a fee with another lawyer without the client's agreement would violate RPC 1.5(e)(2).
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 Treat this page as historical context, not current guidance.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 send a client's draft will to another lawyer for review without telling the client?
A: Under this 1991 opinion, no; the committee was of the opinion that RPC 1.6 requires client consent before disclosing the client's confidences or secrets to the reviewing lawyer.
Q: What about paying the reviewing lawyer a fee?
A: The committee was of the opinion that dividing a fee with another lawyer without the client's agreement would violate RPC 1.5(e)(2).
Background and rules framework
At the time of this opinion, Washington's RPC 1.6 governed confidentiality and RPC 1.5(e) governed division of fees between lawyers not in the same firm, the subjects the Model Rules place in Rules 1.6 and 1.5. The committee identified two separate consents the practice required: consent to disclose confidences and the client's agreement to a fee division.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.5 (division of fees)
- ABA Model Rule 1.6 (confidentiality)
- Washington RPC 1.5(e)(2), 1.6
See also
- WA Ethics Op. 1398: Dividing a Contingent Fee Between Two Firms
- WA Ethics Op. 1382: Client Confidences and a Federal Audit
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=497
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 asking other lawyers to review wills prepared by you on behalf of clients without the knowledge or consent of the client, for which you would pay the reviewing lawyer a fee. The Committee was of the opinion that RPC 1.6 requires prior to disclosing any client confidences or secrets, that you have the consent of the clients to do so. In addition, dividing a fee with another lawyer without your client's agreement would violate RPC 1.5(e)(2).
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