Understanding RPC 1.8 Conflict of Interest for Current Clients
The RPC 1.8 conflict of interest rules for current clients set strict ethical standards for attorneys in Washington State. These rules govern situations involving informed consent, business transactions with clients, client information use, financial assistance, compensation from third parties, gifts from clients, and aggregate settlements. Compliance with RPC 1.8 ensures attorneys avoid conflicts of interest and maintain professional integrity.
Key Rules Under RPC 1.8 Conflict of Interest for Current Clients
Business Transactions with Clients
Attorneys must avoid entering into business transactions with clients unless:
- The terms are fair and fully disclosed in writing.
- Clients receive written advice to seek independent legal counsel.
- The client provides informed consent in writing.
Reference: Washington State Court Rules – RPC 1.8 Text
Use of Client Information
Lawyers are prohibited from using client information to the client’s disadvantage unless they obtain informed consentor are authorized by law. This helps preserve client trust and prevents ethical violations.
Financial Assistance to Clients
Under RPC 1.8(e), lawyers generally cannot provide financial assistance to clients involved in pending litigation. Exceptions include:
- Advancing court costs and litigation expenses (repayment contingent on case outcome).
- Paying court costs and litigation expenses for indigent clients.
Reference: American Bar Association Model Rule 1.8
Compensation from Third Parties
Attorneys may not accept compensation from third parties for representing a client unless:
- The client provides informed consent.
- There is no interference with the lawyer’s professional judgment.
- Client confidentiality remains protected under RPC 1.6.
Accepting Gifts from Clients
Lawyers cannot solicit substantial gifts from clients or draft documents that provide them with significant gifts unless the client is a close family member. This avoids undue influence over clients.
Negotiating Media or Literary Rights
Before the conclusion of a case, attorneys may not negotiate for media or literary rights related to the representation. This prevents personal financial interests from interfering with the client’s legal matters.
Aggregate Settlements
When representing multiple clients, attorneys cannot negotiate aggregate settlements without obtaining informed consent from each client after full disclosure of all terms.
Limiting Liability and Malpractice Settlements
Lawyers cannot limit liability for malpractice unless the client is independently represented. Any malpractice settlement must advise the client to consult independent counsel.
Acquiring Proprietary Interests in Litigation
Attorneys are generally prohibited from acquiring proprietary interests in a client’s case except through authorized contingency fees or liens.
The Importance of Informed Consent Under RPC 1.8
Obtaining informed consent is central to avoiding conflicts of interest under RPC 1.8. Clients must fully understand and voluntarily agree to any arrangement involving business transactions, financial assistance, or compensation from third parties. Without this consent, attorneys risk ethical violations and serious disciplinary consequences.
Final Thoughts: Complying with RPC 1.8 Conflict of Interest Rules
Violating the RPC 1.8 conflict of interest rules for current clients can lead to suspension or disbarment. Attorneys must remain diligent when handling matters involving business transactions, informed consent, financial assistance, and compensation from third parties.
If you have concerns about an attorney’s conduct or need legal advice, contact Blanford Law for a confidential consultation.
Review our client resources here
Contact us anytime for your urgent legal needs.
About Blanford Law:
We are no-nonsense, relentless, fair, and honest. We are great listeners instead of fast talkers, that is just who we are. More than 20 years ago, Ken began practicing law with a deeply-seeded belief that every person has the right to the best legal representation available. He built his law firm on that belief. Another belief that he strongly adheres to is his fundamental belief that clients deserve respect, with no assumptions or preconceived notions. If you or someone you know is accused of a crime or injured as a result of the negligence of another, please have them call us at 253-720-9304 or email us info@blanfordlaw.com
