Can a lawyer give a client in litigation money for an emergency, or lend it, under RPC 1.8(e)?

Plain-English summary

The inquirer posed three questions about using a lawyer's personal funds to help a client in litigation with an emergency.

On the first question, about giving the client a gift of money, the committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e).

On the second question, about lending the client money, the committee concluded that the lawyer may not make a loan to a client under RPC 1.8(e).

On the third question, whether the limits change if the assistance relates to the matter (for example, rent when the lawyer represents the client in a dispute with the landlord), the committee referred back to its answers to the first two questions.

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 Treat this page as historical context, not current guidance.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: Can a lawyer give a client in litigation a cash gift for an emergency?

A: The committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e).

Q: Can the lawyer instead lend the client the money?

A: No. The committee concluded that the lawyer may not make a loan to a client under RPC 1.8(e).

Q: Does it matter if the help relates to the case, like rent in a landlord dispute?

A: The committee said the answer does not change; it referred back to its conclusions that a bona fide gift is permitted but a loan is not.

Background and rules framework

The opinion interprets Washington RPC 1.8(e) (financial assistance to a client in connection with litigation; corresponding to Model Rule 1.8(e)). The committee distinguished a bona fide gift with true donative intent, which it concluded does not violate RPC 1.8(e), from a loan, which it concluded the rule does not permit, and held that the distinction does not turn on whether the assistance relates to the matter. The opinion reflects Washington's pre-2006 rule numbering.

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. 1945: "Expenses of Litigation" Does Not Include Living Expenses
• WSBA Ethics Op. 1691: Loan to a Client to Fund a Settlement
• WSBA Ethics Op. 1928: Advancing Litigation Costs to an Indigent Pro Bono Client

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1201

Original opinion text

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

Advisory Opinion: 1959
Year Issued: 2001
RPC(s): RPC 1.8(e)
Subject: Making a gift to a client in litigation

The inquirer posed three questions to which the committee responded as follows:

Question 1: What are the limits, if any, on the lawyer’s ability to use his or her own personal funds to give to the client a gift of money to address an emergency? Answer: A lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e).

Question 2: What are the limits, if any, on the lawyer’s ability to use his or her personal funds to loan the client money to address the emergency? Answer: The lawyer may not make a loan to a client under RPC 1.8(e).

Question 3: Do any limits on the lawyer’s ability to make a gift or a loan vary if the financial assistance has some relationship to the matter on which the lawyer is representing the client, e.g., the assistance is for rent when the lawyer is representing the client in a dispute with the landlord? Answer: See answers to questions 1 and 2.