Can a lawyer take a security interest in property that is the subject of the litigation the lawyer is handling?
Apply this to your situation
This page answers the general question as of 1994. 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
A lawyer asked about taking a security interest in a computer system that is the subject of the litigation. The committee was of the opinion that such conduct would violate RPC 1.8(j).
Currency note
This opinion was issued in 1994, 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. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here. Under Washington's pre-2006 numbering, RPC 1.8(j) corresponds to the prohibition on acquiring a proprietary interest in the subject of litigation, now ABA Model Rule 1.8(i).
Common questions
Q: Can a lawyer take a security interest in the very property being litigated?
A: The committee said taking a security interest in a computer system that is the subject of the litigation would violate RPC 1.8(j).
Q: What rule does this implicate?
A: The committee grounded the conclusion in RPC 1.8(j), which (under Washington's pre-2006 numbering) bars a lawyer from acquiring a proprietary interest in the subject of the litigation.
Background and rules framework
The opinion applied RPC 1.8(j), Washington's pre-2006 prohibition on a lawyer acquiring a proprietary interest in the cause of action or subject matter of litigation, corresponding to ABA Model Rule 1.8(i). The committee treated a security interest in the litigated computer system as the kind of proprietary interest the rule forbids.
Citations and references
Rules of Professional Conduct:
- ABA Model Rule 1.8(i) (proprietary interest in cause of action or subject of litigation); Washington RPC 1.8(j)
See also
- WA Ethics Op. 1044: Deed of Trust to Secure Future Fees
- WA Ethics Op. 1198: Contingent Fee From Sale Proceeds
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=663
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1582
Year Issued: 1994
RPC(s): RPC 1.8(j)
Subject: Security interest in property that is subject of litigation
The Committee reviewed your inquiry regarding taking a security interest in a computer system which is the subject of litigation. The Committee was of the opinion that such conduct would violate RPC 1.8(j).
Get today's answer for your situation
You just read a 1994 opinion on this question. Ezel checks the current rules of professional conduct in your state and answers your specific situation, with citations.
Opens in Ezel Pro. Every answer cites the rules it relies on.