Can a lawyer sue a client for unpaid fees and costs, including by cross-claim if an expert sues the firm?

Plain-English summary

The inquirer asked about the ethical propriety of filing a cross-claim against a client if an expert witness sues the firm for payment of expert-witness fees. The committee was of the opinion that under the Rules of Professional Conduct a lawyer may sue a client for payment of legal fees or expenses and costs incurred on the client's behalf, either initially or on a cross-claim.

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 Treat this page as historical context, not current guidance.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. The committee did not cite a specific Rule of Professional Conduct in this opinion.

Common questions

Q: Can a lawyer cross-claim against a client when an expert sues the firm for unpaid expert fees?

A: The committee concluded that a lawyer may sue a client for fees or expenses and costs incurred on the client's behalf, including on a cross-claim.

Q: Does it matter whether the lawyer files first or cross-claims?

A: No. The committee said the lawyer may pursue payment either by an initial action or as a cross-claim.

Background and rules framework

The committee did not cite a specific Rule of Professional Conduct. It treated a lawyer's collection of fees, expenses, and costs incurred on a client's behalf as permissible under the Rules generally, whether pursued as an initial suit or as a cross-claim brought in response to an expert's claim against the firm.

Citations and references

The committee did not cite a specific Rule of Professional Conduct in this opinion.

See also

• WA Ethics Op. 1678: Suing or Mediating a Fee Dispute With a Client
• WA Ethics Op. 1666: Suing a Client on a Bounced Check

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=751

Original opinion text

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

Advisory Opinion: 1677
Year Issued: 1996
RPC(s):
Subject: Suit against former client for expert witness fees

The Committee discussed your inquiry regarding the ethical propriety of filing a cross-claim against your client in the event suit is filed against your firm by an expert witness for payment of expert witness fees. The Committee was of the opinion that under the Rules of Professional Conduct, you may sue your client for payment of legal fees or expenses/costs incurred on the client's behalf, either initially or on a cross-claim.