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WSBA 1997

Can a Washington lawyer give a fixed percentage of a gross fee directly to a charity?

Short answer: The committee concluded that RPC 5.4(a) prohibits a lawyer from allocating 15% of a gross fee directly to a charitable organization.

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This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Currency note: this opinion is from 1997
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
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 Not binding precedent.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 committee addressed whether a lawyer could allocate 15% of a gross fee directly to a charitable organization. It concluded that RPC 5.4(a), which governs the division of fees with a nonlawyer, prohibits the arrangement.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 cited rule corresponds to ABA Model Rule 5.4 (professional independence of a lawyer).

Common questions

Q: Can a lawyer route a set percentage of the fee straight to a charity?

A: The committee concluded that RPC 5.4(a) prohibits a lawyer from allocating 15% of a gross fee directly to a charitable organization.

Q: Which rule controls?

A: RPC 5.4(a), the rule on the division of fees with a nonlawyer, which corresponds to ABA Model Rule 5.4.

Background and rules framework

The opinion applied RPC 5.4(a) (the prohibition on sharing legal fees with a nonlawyer, corresponding to ABA Model Rule 5.4) to a proposal to direct a percentage of a gross fee to a charity. The committee treated a charitable organization as a nonlawyer for purposes of the fee-division rule and found the direct allocation barred.

Citations and references

Rules of Professional Conduct:

  • ABA Model Rule 5.4 (professional independence of a lawyer); Washington RPC 5.4(a)

See also

Source

Original opinion text

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

Advisory Opinion: 1716
Year Issued: 1997
RPC(s): RPC 5.4(a)
Subject: Division of fees with nonlawyer; allocating a percentage of gross fee to charity

The Committee decided that RPC 5.4(a) prohibits an attorney from allocating 15% of a gross fee directly to [a charitable organization].

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