TRUST ACCOUNT RESPONSIBILITIES AND RETAINERS TASK FORCE

The Trust Account Responsibilities and Retainers Task Force (TARRTF) was formed by the WSBA Board of Governors in December 2005 after the Board withdrew Formal Ethics Opinion No. 186, which addressed the issue of  whether and when fees paid to a lawyer in advance must be deposited into a trust account. The Task Force has been asked to review the issue and make recommendations to the Board with respect to the handling of various types of advance fee arrangements.

TASK FORCE REPORT TO BOARD OF GOVERNORS; SUBMISSION TO THE SUPREME COURT

The Final Report of the Task Force, which recommends adoption of amendments to RPC 1.5 and RPC 1.15A, was presented to the Board of Governors for a first reading on July 28, 2007 at the Board's meeting in Quincy, Washington.  The Board of Governors approved the Task Force recommendation at its meeting in Seattle on September 20-21.  It is being  submitted to the Supreme Court for their consideration.  If the Supreme Court considers adopting the amendments, they will be published for comment in January and comments will be due by April 30.  If they are adopted, they will be republished in July and will become effective September 1, 2008.

TASK FORCE CHARTER

Review all Washington State rules (including RPC 1.5 and RPC 1.15A), ethics opinions (including Proposed Ethics Opinion 198 and Proposed ODC Ethics Opinion regarding flat and nonrefundable fees), statutes and decisional authority that relate, pertain or refer to attorney's fees, and  make recommendations to the Board of Governors with respect to the definition, trust account treatment, ethical propriety, accounting practices and applicability to various types of representation of flat fees, nonrefundable fees, advance fee payments and various forms of attorney retainer. 

TASK FORCE ROSTER

Mark Johnson, Chair
Randy Beitel
Professor David Boerner
Liza Burke
Marc Christianson
David Heller
Alison Holcomb
Marijean Moschetto
Art Lachman
Jody McCormick
Nancy Pacharzina
Ann Guinn

Intern:  Jason Holman

MEETING MINUTES AND INFORMATION

Note: To be as timely as possible, the most recent minutes (designated as "Draft") are usually posted on the website after review by the Task Force Chairperson, but without being reviewed or formally approved by the full Task Force.  





Last Modified: Thursday, October 04, 2007

Contact Information
Disclaimer and Copyright Notice | Privacy Policy

Chair
Mark A. Johnson
Johnson & Flora
701 5th Ave, Ste 7200
Seattle, WA  98104
(206) 386-5566
Email

Authorities of Interest