WSBA 1993

When may a lawyer advance funds to a client or make a gift to a client, and may a lawyer argue that a witness is not credible?

Short answer: As summarized, the committee concluded a lawyer may advance funds to a client when no litigation is pending or contemplated, may make a gift to a client during litigation, and may argue that a witness's testimony is not credible if the argument is based on reasonable evidence.

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This page answers the general question as of 1993. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, 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 Not binding precedent.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

The record of this opinion is a summary; the WSBA notes the original opinion is missing. As summarized, the committee concluded that a lawyer may advance funds to a client when no litigation is pending or contemplated, and may make a gift to a client during litigation. It also stated that a lawyer may argue that a witness's testimony is not credible if the argument is based on reasonable evidence.

Currency note

This opinion was issued in 1993, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. The publicly available record is a summary; the WSBA notes the original opinion is missing. Treat this page as historical context, not current guidance.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 advance funds to a client?

A: As summarized, the committee said a lawyer may advance funds to a client when no litigation is pending or contemplated.

Q: Can a lawyer make a gift to a client during litigation?

A: As summarized, the committee said a lawyer may make a gift to a client during litigation.

Q: Can a lawyer argue a witness is not credible?

A: The committee said a lawyer may argue that a witness's testimony is not credible if the argument is based on reasonable evidence.

Background and rules framework

The opinion concerned RPC 1.8(e) (corresponding to ABA Model Rule 1.8), which limits financial assistance to a client in connection with pending or contemplated litigation. As summarized, the committee distinguished advancing funds outside the litigation context from financial assistance during litigation, and separately addressed a lawyer's latitude in arguing a witness's credibility from reasonable evidence.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.8 (conflict of interest; financial assistance to a client); Washington RPC 1.8(e)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=629

Original opinion text

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

Advisory Opinion: 1548
Year Issued: 1993
RPC(s): RPC 1.8(e)
Subject: Financial transaction with client.

Lawyer may advance funds to client when no litigation is pending nor contemplated; may make a gift to client during litigation; may argue that witness's testimony is not credible if argument is based on reasonable evidence. [Ed. Note - this is a summary; opinion is missing.]

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