WSBA 1996

Can a law firm advance litigation expenses for an indigent or pro bono client?

Short answer: The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients, and that a firm may advance payment of litigation expenses on the condition that the client remains ultimately liable for payment.

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This page answers the general question as of 1996. 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 Not binding precedent.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 inquiry concerned payment of expenses in pro bono representation. The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients. The committee noted that the law firm may advance payment of litigation expenses on the condition that the client remains ultimately liable for payment.

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 Treat this page as historical context, not current guidance.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. Washington's RPC 1.8 corresponds to ABA Model Rule 1.8, and the limit on financial assistance to clients appears in RPC 1.8(e).

Common questions

Q: Does RPC 1.8(e) apply when the client is indigent or the work is pro bono?

A: Yes. The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients.

Q: Can the firm advance the litigation expenses?

A: The committee said the firm may advance payment of litigation expenses on the condition that the client remains ultimately liable for payment.

Background and rules framework

The opinion applied RPC 1.8(e) (financial assistance to a client, corresponding to ABA Model Rule 1.8) to pro bono and indigent representation. The committee treated the rule as fully applicable to such clients and allowed advancement of litigation expenses only where the client stays ultimately liable to repay them.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.8 (financial assistance to clients); Washington RPC 1.8(e)

Source

Landing page: https://ao.wsba.org/print.aspx?ID=766

Original opinion text

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

Advisory Opinion: 1692
Year Issued: 1996
RPC(s): RPC 1.8(e)
Subject: Payment of expenses in pro bono representation

The Committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients. The Committee noted that the law firm may advance payment of litigation expenses on the condition that the client remains ultimately liable for payment.

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