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Washington’s RPC 1.17 addresses the ethical guidelines and legal procedures involved in the sale of a law practice. This rule is crucial for attorneys and law firms looking to sell or purchase a law practice while maintaining client rights and adhering to legal ethics. It covers the requirements for notifying clients, transferring files, and ensuring legal compliance throughout the transition process.

Key Provisions of RPC 1.17

Under RPC 1.17, an attorney or law firm in Washington may sell a practice, or a particular area of practice, provided the following conditions are met:

1. Entire Practice or Area of Practice Must Be Sold
The rule stipulates that the seller must sell either the entire practice or a complete area of the practice to one or more lawyers or law firms. This condition ensures that the seller does not selectively sell parts of the practice, thereby maintaining consistency and protecting client interests.

2. Written Client Notice is Required
RPC 1.17 mandates that the seller must give written notice to each client impacted by the sale. This notice must include:

  • Details of the Proposed Sale
    The client should be informed about the sale, including the purchasing party and the scope of the transition.
  • Client Rights to Retain Another Lawyer or Take Possession of the File
    Clients have the right to choose another attorney or take possession of their file at any time before the sale is finalized.
  • Presumption of Consent
    The client’s consent to the transfer of files is assumed if the client does not object within 90 days of receiving the notice. This presumption simplifies the process but gives clients adequate time to make a decision.

If a client cannot be notified, the seller must seek court approval to transfer the representation. This involves disclosing limited information to the court to obtain an order for the transfer.

3. No Fee Increase Due to Sale
RPC 1.17 explicitly states that fees for services should not be increased because of the sale. This ensures that clients are not financially impacted by the transfer of their legal representation.

Implications for Law Firms and Attorneys

For attorneys considering selling their law practice, adhering to RPC 1.17 is essential. The rule helps safeguard clients’ interests during the transition and ensures ethical compliance. Attorneys should take special care when drafting the required client notifications and ensure that all aspects of the sale align with legal ethics and professional conduct standards.

Blanford Law: Guiding Attorneys Through Ethical Transitions

If you are a Washington attorney looking to sell your law practice or an attorney interested in acquiring one, Blanford Law can help guide you through the complex requirements of RPC 1.17. Our experienced legal team understands the intricacies of law firm sales and can assist with everything from drafting client notifications to ensuring full compliance with legal ethics.

Contact Blanford Law today at 253-720-9304 or visit our website to learn more about how we can support you in navigating this complex process. Whether you are seeking to transfer a practice area or transition your entire firm, we are here to provide tailored legal guidance.

Why Choose Blanford Law?

  • Experience in Washington Law: Our team is deeply familiar with RPC 1.17 and other related ethical rules.
  • Comprehensive Support: We provide end-to-end guidance, from initial sale planning to finalizing the transaction.
  • Focus on Client Rights: We prioritize ensuring that all client rights are preserved and respected throughout the sale.

For more information on RPC 1.17 and related topics, visit the Washington State Courts’ Official Website.

Additional Resources