WSBA 1991

How must a lawyer handle the advance and collection of litigation costs in a Longshore and Harbor Workers' Compensation Act case?

Short answer: The committee concluded the lawyer must comply with RPC 1.8(e) on advanced costs, and that how those costs are collected must conform to the governing statute, an interpretation question the committee declined to answer as a legal matter.

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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 Washington Rules of Professional Conduct, with citations.

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 Not binding precedent.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

A lawyer asked about the payment of costs under the Longshore and Harbor Workers' Compensation Act. The committee was of the opinion that a lawyer must comply with the requirements of RPC 1.8(e) regarding advanced costs.

On the collection of those costs, the committee said the question of how the costs are to be collected must be answered in compliance with the statute. It added that interpreting the statute is a legal question on which the committee could render no opinion.

Currency note

This opinion was issued in 1991, 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 Treat this page as historical context, not current guidance.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: Does RPC 1.8(e) apply to advancing costs in a longshore compensation case?

A: Yes. The committee was of the opinion that a lawyer must comply with the requirements of RPC 1.8(e) regarding advanced costs.

Q: Did the committee say how those costs may be collected?

A: Not directly. The committee said collection must comply with the statute, but that interpreting the statute is a legal question on which it could render no opinion.

Background and rules framework

The opinion applied RPC 1.8(e), Washington's rule limiting a lawyer's advance of litigation costs and financial assistance to a client, which corresponds to ABA Model Rule 1.8(e). The committee separated the ethical requirement under the rule from the statutory interpretation question governing how the advanced costs could be collected under the Longshore and Harbor Workers' Compensation Act.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.8(e) (advancing litigation costs; financial assistance to a client)
Washington RPC 1.8(e)

Statutes:

Longshore and Harbor Workers' Compensation Act (referenced as governing the collection of costs).

Source

Landing page: https://ao.wsba.org/print.aspx?ID=523

Original opinion text

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

Advisory Opinion: 1443
Year Issued: 1991
RPC(s): RPC 1.8(e)
Subject: Collection of advanced costs

The Committee reviewed your inquiry concerning payment of costs under the Longshore Harbor Workers Compensation Act. The Committee is of the opinion that a lawyer must comply with the requirements of RPC 1.8(e) regarding advanced costs. The question of how those costs are to be collected must be answered in compliance with the statute, but the interpretation of the statute is a legal question on which the Committee could render no opinion.

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