Can a lawyer advance a client's living expenses as 'expenses of litigation' under Washington RPC 1.8(e)?

Plain-English summary

RPC 1.8 addresses conflicts of interest and prohibited transactions with a client, and RPC 1.8(e) governs a lawyer's advances of financial assistance to a client in connection with litigation. The question was whether the rule's reference to "expenses of litigation" reached a client's living expenses.

The committee recommended that the phrase "expenses of litigation" as used in RPC 1.8(e) not be modified or expanded to include the "living expenses" of a client.

Currency note

This opinion was issued in 2001, 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 Treat this page as historical context, not current guidance.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: Does "expenses of litigation" under RPC 1.8(e) include a client's living expenses?

A: No. The committee recommended that the phrase not be modified or expanded to include a client's living expenses.

Q: Which rule governs a lawyer's advances of financial assistance to a client in litigation?

A: The committee identified RPC 1.8, which addresses conflicts of interest and prohibited transactions with a client, and specifically RPC 1.8(e) on expenses of litigation.

Background and rules framework

The opinion interprets Washington RPC 1.8(e) (corresponding to Model Rule 1.8(e)), the provision on a lawyer's financial assistance to a client in connection with pending or contemplated litigation. The committee read the rule's term "expenses of litigation" narrowly, declining to expand it to cover a client's living expenses. RPC 1.8 generally addresses conflicts of interest and prohibited transactions between a lawyer and client.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.8 / Washington RPC 1.8(e) (financial assistance to a client in connection with litigation)

See also

• WSBA Ethics Op. 1552: Advancing Costs of Treatment or Examination
• WSBA Ethics Op. 1928: Advancing Litigation Costs to an Indigent Pro Bono Client
• WSBA Ethics Op. 1691: Loan to a Client to Fund a Settlement

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1185

Original opinion text

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

Advisory Opinion: 1945
Year Issued: 2001
RPC(s): RPC 1.8(e)
Subject: Lawyer advances or guarantees of financial assistance to clients during litigation

It is the recommendation of the Rules of Professional Conduct Committee that, with reference to RPC 1.8 that deals with conflicts of interest and prohibited transactions with a client, the phrase "expenses of litigation" as used in RPC 1.8(e) should not be modified or expanded to include "living expenses" of a client.