Can a Washington lawyer put a binding arbitration provision in a fee agreement with a client?

Plain-English summary

The committee addressed whether the Rules of Professional Conduct prohibit including an arbitration provision in a fee agreement with a client. It concluded there is no per se prohibition against such a provision, subject to two conditions: the provision must be consistent with the lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24, and it must be done only with full disclosure to the client.

Currency note

This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Are arbitration clauses in client fee agreements categorically prohibited in Washington?

A: The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement.

Q: What conditions did the committee attach?

A: The provision must be consistent with the lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24, and it must be included only with full disclosure to the client.

Background and rules framework

The opinion did not cite a specific Rule of Professional Conduct. It framed the question around the lawyer's fiduciary obligations to the client and applicable statutory law, identifying RCW Ch. 4.24 as an example, and conditioned the use of an arbitration clause on full disclosure to the client.

Citations and references

Statutes:

• RCW Ch. 4.24 (cited as an example of applicable statutory law)

See also

• ABA Formal Op. 02-425: Arbitration in Retainer Agreements
• DC Ethics Op. 218: Mandatory Fee-Dispute Arbitration
• AL Ethics Op. 2002-04: Arbitration in Fee Contracts

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1117

Original opinion text

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

Advisory Opinion: 1670
Year Issued: 1996
RPC(s):
Subject: Including arbitration provision in fee agreement with client

The Committee was of the opinion that there is no per se prohibition in the Rules of Professional Conduct against including an arbitration provision in a fee agreement with a client, but that it (1) must be consistent with a lawyer's fiduciary obligations and statutory law such as RCW Ch. 4.24; and (2) it properly must be done only with full disclosure to the client.