Washington State Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Washington State Bar Association, with full citations and source links on every page.
No Washington State Bar Association opinions match these filters
Try a different search term or clear the filters.
Can a lawyer advise clients to ask a member of Congress for help getting a response from a government agency?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prevent a lawyer from suggesting that clients contact a U.S. senator or congressman for assistance in trying to…
When the adopting client disappears, what may the lawyer tell the birth father who already consented to the adoption?
The committee was of the opinion that RPC 8.4(c) and (d) require the lawyer to advise the natural father that the adoption proceeding is not going forward, but that the lawyer should disclose no furth…
Can a lawyer who drafted wills for both spouses later represent the husband in a divorce against the wife?
The committee was of the opinion that in drafting the wills the lawyer necessarily obtained confidences and secrets from both spouses, so the lawyer could not now represent the husband adversely to th…
If a client under a mental disability can't understand a favorable plea deal, must the lawyer get a guardian, or can the lawyer accept it?
The committee agreed with a member's memorandum concluding that, because RPC 1.13's authority to seek a guardian is permissive ('may'), the lawyer need not obtain one to accept a no-strings dismissal …
When deposing an adverse party in one case, must a lawyer notify the party's separate counsel in a related second case if the questions overlap?
The committee was of the opinion that where legitimate deposition questions might overlap both cases, the deposing lawyer is required by RPC 4.2 and RPC 8.4(c) and (d) to give notice to the party's la…
Must a lawyer serving as trustee, guardian, or executor hold those funds in a client trust account under the trust-account rule?
The committee was of the opinion that funds and property a lawyer holds purely as a fiduciary (trustee, guardian, or executor), where the beneficiaries or ward are not clients, are not client funds an…
What are an appointed criminal defense lawyer's duties on appeal, on civil matters, on the client's file, and on disclosures in a motion to withdraw?
The committee was of the opinion that an appointed lawyer's duties track the scope of the appointment: no duty to handle the appeal beyond filing and perfecting it, no duty to assist in civil matters …
Can a lawyer who handled a man's divorce later represent his new wife in her divorce from him?
The committee was of the opinion that the new representation was substantially related to the prior dissolution, so the lawyer could undertake it against the former client only by complying with RPC 1…
Can a lawyer take a contingent fee paid from the proceeds of selling material excavated under a permit the lawyer obtained for the client?
The committee was of the opinion that such a contingent fee does not violate RPC 1.8(j) and creates no conflict because the lawyer's interest is only an added incentive to win a good result; but if th…
Can a lawyer give an escrow company payment books printed with the firm's name and contact information for free distribution?
The committee was of the opinion that nothing in the Rules of Professional Conduct, specifically RPC 7.3, would prohibit a lawyer from placing with a client escrow company, for free distribution, paym…
Can a lawyer disclose information to a client's former spouse when the client has directed the lawyer not to disclose it?
The committee was of the opinion that the lawyer could not disclose information the client directed be withheld, unless the lawyer believed the client's conduct would constitute a crime, in which case…
How do you decide whether a prior attorney-client relationship existed so that taking a new matter creates a conflict?
The committee was of the opinion that whether an attorney-client relationship previously existed depends on what a reasonable person in the 'client's' position would have believed; if such a person wo…
Can a lawyer who sits on a public defender organization's board contract to represent clients the office can't take because of conflicts?
The committee was of the opinion that a lawyer may contract to represent clients the public defender office cannot represent due to conflicts, but the board member's participation in the office's deci…
Does a bank arrangement using a firm's line of credit to cover trust-account obligations comply with the trust-account rules?
The committee reviewed a letter agreement under which a firm's general account and line of credit would be used for immediate payment of trust obligations under WSBA Formal Opinion 177, and was of the…
Can a lawyer run ads featuring 'satisfied client' testimonials that are not from the lawyer's actual clients?
The committee was of the opinion that running ads with 'satisfied client' statements that do not feature actual clients would be false and misleading, unless the ad featured a real client who voluntee…
Can a lawyer be paid for legal work by receiving stock in the client corporation?
Asked about a fee agreement compensating the lawyer with stock in the client's corporation, the committee was of the opinion that a published Bar News article (August 1987, by committee member Dale Ra…
Can a law firm put a title like 'international trade consultant' on a nonlawyer employee's business cards and letterhead?
The committee was of the opinion that using such a title for a nonlawyer would not be improper so long as the nonlawyer does not engage in the unauthorized practice of law (which would make the firm v…
Can a lawyer accept client referrals from a person who solicits charitable gifts for a religious organization?
The committee was of the opinion that, on the facts presented, accepting such referrals would not violate RPC 7.3 where the potential clients contact the lawyer themselves and the relationship and fee…
Can a lawyer advertise as a 'personal injury expert'?
The committee was of the opinion that the Rules of Professional Conduct do not expressly prohibit the term 'expert' and that its use is not per se improper; the only question is whether using the term…
Does a lawyer have to keep client files forever, and when may old files be destroyed?
The committee was of the opinion that a lawyer has no obligation to preserve client files forever, but before destroying a file the lawyer must determine whether anything in it could have a reasonably…
Can a lawyer work as a salaried business consultant for a corporation and give legal advice to the corporation's clients, who are billed by the corporation?
The committee was of the opinion that if what the lawyer did constituted the practice of law, the arrangement would be prohibited by RPC 5.4(a) as sharing legal fees with nonlawyers; it could not deci…
Can a law firm include in its firm name the name of a lawyer who is not a partner of the firm?
No. The committee was of the opinion that RPC 7.5(d) prohibits including a non-partner lawyer's name in the firm name, because it implies that those lawyers practice in a partnership when that is not …
Does a contingent-fee ad promising no fee if nothing is recovered, but not mentioning the client's liability for costs, violate the advertising rules?
Yes. The committee was of the opinion that such an ad is false and misleading under RPC 7.1 because it omits a fact, the client's obligation to pay litigation costs regardless of outcome, that is nece…
Can a lawyer advance funds to a client in anticipation of a not-yet-approved industrial insurance (L&I) claim?
No. The committee was of the opinion that advancing funds on an unapproved L&I claim is not authorized by RPC 1.8(e) and may also be a business transaction failing RPC 1.8(a); but once the claim is ap…
Must a legal agency give a former lawyer the names of clients that lawyer or others handled there, so the lawyer can check for conflicts?
Not as a blanket matter. The committee was of the opinion that nothing in the rules required the agency to respond to the former lawyer's requests, but, by an 8-4 vote, that failing to disclose facts …
Can a Washington-admitted lawyer practice in a multi-state firm that employs a lawyer disbarred in another state, where that state allows it?
No. The committee was of the opinion that, under Formal Opinion 171 and the Washington Rules for Lawyer Discipline, a lawyer admitted in Washington may not employ a disbarred lawyer in any capacity, s…
Can a lawyer enter a proposed contractual relationship with others for handling real estate closings?
The committee was of the opinion that the proposed contractual relationship for real estate closings was permitted. The published opinion is a brief, one-line holding indexed under the rules on nonlaw…
Can a lawyer assert a possessory lien on a discharged client's file for unpaid hourly fees?
On these facts, yes. The committee was of the opinion that Formal Opinion 181 set out the guiding principles and that, where the client could pay and did not dispute the bill, it did not appear the la…
Can a law firm use the word 'Courthouse' in its address or the name of its office building?
Yes. The committee concluded that nothing in the Rules of Professional Conduct would prohibit a firm from using the word 'Courthouse' in its address or the name of its office building.
At what point does a lawyer planning to run for judge become subject to the Code of Judicial Conduct's limits on political activity?
The committee was of the opinion that a person must comply with Code of Judicial Conduct Canon 7 once they become a candidate for judicial office, which happens either by declaring themselves a candid…
If a lawyer learns after a settlement that the client negligently gave false interrogatory answers, must the lawyer disclose it?
By a 7-6 vote, the committee was of the opinion that if the client was negligent rather than fraudulent and all proceedings have concluded, the lawyer has no duty to disclose; if proceedings are still…
Can a lawyer divide fees under a contract with another lawyer who is about to be suspended from practice?
The committee was of the opinion that a lawyer who is suspended is still entitled to whatever fee the contract provides, but cautioned that in a contingent fee case the suspended lawyer would be entit…
Can a lawyer keep representing a client against a person who has become the client of another lawyer in the same firm?
Only with consent. The committee was of the opinion that RPC 1.7 and/or 1.9 would bar the firm from continuing to represent the client in the dispute unless each party consented to the representation …
If a trial judge refuses to let a lawyer withdraw on the eve of trial, can the lawyer still withdraw?
No. The committee was of the opinion that the lawyer was obliged to follow the court's order and that nothing in RPC 1.15(c) would permit withdrawal where the trial judge had refused to allow it on th…
Can a lawyer who has a personal claim against an estate also serve as the lawyer for that estate?
The committee was of the opinion that filing a statutory claim against an estate is not itself unethical, and that the real question, governed by RPC 1.7(c), is whether the lawyer may undertake to rep…
Can a lawyer take unpaid fees out of trust funds received for a client whose whereabouts are unknown?
Not without authority. The committee was of the opinion that before disbursing any client funds to himself, the lawyer would need either the client's consent as provided in RPC 1.14 or to assert and e…
Can a lawyer assist a client whose own activities may be the unauthorized practice of law?
The committee could not decide whether the client's conduct was unauthorized practice, calling that a legal question outside its role, but was of the opinion that if the client would be engaging in th…
Which rules of conduct govern a Washington lawyer who appears in a federal district court in another state?
The committee was of the opinion that a Washington lawyer authorized to appear in a federal district court in another state, where that court has adopted the host state's disciplinary rules, should co…
Can a lawyer advance money to a client after a case settles but before the settlement proceeds are received?
Yes, on these facts. The committee was of the opinion that a lawyer could advance funds to a client after a lawsuit settled, where the recovery amount was known and only transmittal of the funds remai…
Must a lawyer who helped run a judge's election campaign disclose that relationship before appearing in front of that judge?
Yes. The committee was of the opinion that a lawyer who was a principal in a judge's campaign committee may practice before that judge only with full disclosure of the campaign relationship to adverse…
Can a lawyer keep representing a client against a union when an associate in the firm does legal work for the local union and the parties have consented?
Yes. The committee was of the opinion that because the parties had been advised of the potential conflict of interest and consented to the lawyer's continued representation, nothing in the Rules of Pr…
Is a lawyer or his new firm disqualified from suing parties his former firm defends, when he did no work on the matters at the old firm?
No, on the facts presented. The committee was of the opinion that neither RPC 1.9 nor RPC 1.10 disqualified the lawyer or his firm from representing plaintiffs against parties his former firm defends,…
Can a lawyer represent a wife in a dissolution when a partner in the firm earlier defended the husband on an unrelated criminal charge?
Yes. Based on the facts presented, the committee agreed with the inquiring lawyer's analysis that RPC 1.9 created no conflict of interest preventing the lawyer from continuing to represent the wife, d…
Can a lawyer authorize a nonlawyer staff member to use a signature stamp to sign the lawyer's trust-account checks?
Not specifically prohibited, but the committee was of the opinion that the practice is very poor and might fall so far below the minimal standard of care as to border on incompetence, given the great …
Can a lawyer share a referred fee with the lawyer who made the referral when that referral may create a conflict of interest for the referring lawyer?
It depends on the matter. The committee was of the opinion that the lawyers could enter a reasonable fee-sharing agreement on the original products-liability case, but that on the related negligence c…
Can a lawyer donate prepaid legal-service certificates to a public radio station to give as premiums to donors?
Yes, with conditions. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited donating certificates for an hour of prepaid legal services as station premiums, so …
If a firm partner takes a part-time public appointment but stays a partner, can his name remain in the firm name, and can he call himself 'of counsel'?
The committee was of the opinion that a partner who accepts an interstate-council appointment but continues to practice with the firm could keep his name in the firm name, but could not identify himse…
Can a lawyer put 'Ph.D.' on business cards, letterhead, and telephone book advertisements?
Yes, if accurate. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from adding 'Ph.D.' to business cards, letterhead, or telephone book advert…
What must a lawyer do when a client admits, after a deposition, that he testified falsely about income from illegal activity?
The committee was of the opinion that the lawyer must advise the client to authorize the lawyer to tell opposing counsel of the inaccuracy and then assert privilege or object on immateriality grounds;…
Can a lawyer contact real estate brokers and agents to describe his services and ask for closing referrals?
Yes. The committee was of the opinion that RPC 7.3 would not prohibit a lawyer from contacting real estate brokers and agents to advise them of the legal services the lawyer performs and to seek closi…
Can a lawyer be a salaried employee of a nonprofit that bills its members for the lawyer's legal services?
No. The committee was of the opinion that the arrangement violates RPC 5.4: the lawyer was providing legal services to members of the public who pay dues, not serving as house counsel, so the lawyer w…
When an insurer-retained defense lawyer faces a coverage dispute between the insured and the insurer, must the lawyer withdraw?
On the facts presented, the committee was of the opinion that the lawyer must advise both the doctor and the insurer that the lawyer must withdraw and new counsel must be substituted for the doctor, a…
Can a lawyer on a mediation team keep acting as the parties' intermediary after the mediation, when the team operates through a nonlawyer mediation service?
The committee was of the opinion that a lawyer acting as intermediary is practicing law and that RPC 5.4(a) prohibits sharing fees with nonlawyers, so the lawyer could act as an intermediary privately…
Can a Washington lawyer join a private lawyer referral service whose non-lawyer staff screen calls and refer callers to lawyers?
Yes. On reconsideration the committee concluded that screening calls and referring lawyers' names is not the practice of law, so the rules do not require a lawyer to perform that screening, and the pr…
When a county prosecutor brings a paternity or child-support case for the State, can the same prosecutor also represent the mother, and what must the prosecutor tell her?
The committee declined to give yes-or-no answers to the hypotheticals and instead set out the analysis: the prosecutor's first client is the State (DSHS), a second attorney-client relationship with th…
Can a lawyer hold a client's file under an attorney's lien for unpaid fees, and what must the lawyer turn over when a former client asks for the file?
The committee concluded that a lawyer may not assert a retaining lien on a client's papers or money when withholding them would materially interfere with the client's later representation, or against …
When a lawyer holds property a client gave the lawyer and an opposing party claims it under a prior settlement, must the lawyer return the property to the client?
It depends on whether ownership is clear. The committee was of the opinion that if the property clearly belongs to the client, the lawyer must return it to the client under RPC 1.15(d), with advice ab…
Can a law firm join a trade group and mail letters offering legal services to people on the group's mailing list whom the firm has never met?
Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited a firm from joining a trade group and sending letters to people on its mailing lists whom the firm ha…
Does a group advertising program that names participating attorneys and lists a phone line comply with the lawyer advertising rules?
The committee was of the opinion that the proposed advertisements, naming all participating attorneys as broadcast, appear to comply with RPC 7.2(c). Because it could not know what is said to consumer…
Can a firm list lawyers who are inactive in other states on its letterhead?
The committee was of the opinion that, because RPC 7.1 prohibits misleading communications about lawyers, a firm that wishes to list lawyers who are inactive in other states must identify their specif…
Browse Washington State Bar Association opinions by topic
Legal ethics opinions from the Washington State Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.