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.
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Can an assistant city attorney who supervises the city's mental health court prosecutions also serve as a pro tem judge in the county's district mental health court?
The committee concluded that nothing in the Rules of Professional Conduct bars an assistant city attorney from serving as a pro tempore judge in an unrelated jurisdiction, so long as the attorney foll…
Can a lawyer who built a reputation under her professional name keep using that name in practice after legally changing her name for personal reasons?
Yes. The committee concluded the lawyer may continue using her current professional name after a personal legal name change, provided it does not mislead the public and she gives the WSBA the informat…
Can an elder-law lawyer make an attorney fee agreement irrevocable and non-refundable so the prepaid fee counts as a Medicaid spend-down?
No. The committee concluded fee agreements may not be irrevocable, because that would violate the reasonable-fee requirement of RPC 1.5 and the client's right under RPC 1.16(d) to a refund of unearned…
Can a lawyer have a client sign a stipulated judgment or promissory note for estimated fees before the representation begins, to secure payment from the marital home?
No. The committee concluded that obtaining a pre-representation stipulated judgment to secure fees is unreasonable per se under RPC 1.5(a), a nonconsentable conflict under RPC 1.7, and an impermissibl…
Can a lawyer withdraw earned hourly fees from the client trust account at the moment of sending the billing statement, before the client has time to review it?
The committee declined to bless specific contract language, but explained that RPC 1.15A(h)(3) requires reasonable notice before withdrawing earned fees, so the lawyer should not withdraw until the cl…
Can a client enter into a fee agreement by email, and must a lawyer encrypt fee agreements or case information sent over the internet?
The committee concluded that a client may enter a fee agreement by email and that no additional security measures are required absent special circumstances, because email carries a reasonable expectat…
Can a real estate brokerage's general counsel provide limited-scope legal services to the brokerage's customers as part of the brokerage's package, paid by salary?
No. The committee concluded the arrangement violates RPC 5.4(a) and (b), which bar fee splitting and partnership with a non-lawyer whenever any part of the activity is the practice of law, even though…
Can a lawyer take a revolving credit line from a financing company using the value of the firm's contingent cases as collateral?
The committee declined to approve the specific venture but said any third-party firm financing must observe three principles: the financier may not direct the lawyer's professional judgment or materia…
Can a paralegal use the title 'Paralegal Advocate' on business cards, and what is the supervising lawyer's duty about it?
The committee concluded that 'Paralegal Advocate' is misleading and violates RPC 7.1 because 'advocate' has become synonymous with 'lawyer,' and that under RPC 5.3 the supervising lawyer must ensure t…
Does a contract city attorney who prosecutes for the city have a conflict of interest in a criminal charging decision when the subject has ties to city council members?
The committee concluded the city attorney represents the city itself, and that there is no inherent conflict in making a charging decision, though a conflict can arise under RPC 1.7(a)(2) where a pers…
Can a bar association run an online lawyer referral database, and must participating lawyers certify that they carry malpractice insurance?
The committee concluded that a lawyer referral database is not per se prohibited if the service ensures its activities are compatible with the participating lawyers' obligations, that requiring insura…
May a Washington family-law lawyer enter a four-way collaborative-law agreement in which the lawyers limit their representation to negotiation and agree to withdraw if the case turns to litigation?
The committee concluded that collaborative law is permissible because it is a limitation on the scope of representation under RPC 1.2(c), allowed if the limitation is reasonable under the circumstance…
Can a part-time elected county commissioner represent a criminal defendant in a city municipal court before a judge who is also the county's elected district court judge?
The committee concluded yes, because no rule bars a lawyer who is also a public official from representing clients in criminal matters in another jurisdiction; RPC 1.11 did not apply since the commiss…
Does using the phrases 'special expertise' or 'areas of expertise' in a law firm's marketing brochure violate the rule on communicating fields of practice?
The committee declined as a matter of policy to pass on the content of a particular ad, but said that using 'special expertise' and 'areas of expertise' may not violate RPC 7.4(d) in these circumstanc…
When a third party such as an insurer claims part of a client's settlement held in trust, may the lawyer disburse the funds to the client after giving 30 days' notice if no suit is filed?
The committee concluded that the 30-day-notice-then-disburse plan was not reasonable, because RPC 1.15A(g) requires the lawyer to keep funds subject to a third-party claim in trust until the dispute i…
Can a two-name law firm keep using a departed lawyer's name after he sells his interest but continues working in the office without being fully retired?
The committee concluded that on these facts neither lawyer may keep using the original name, because a firm name may not imply a partnership that no longer exists and the departed lawyer had sold his …
Can a two-lawyer firm, where the second lawyer is 'of counsel' or an associate, use the word 'Group' in its firm name?
The opinion concludes that, assuming an 'of counsel' lawyer meets the standard for being treated as part of the firm, a firm of two licensed lawyers, one of whom is 'of counsel,' could use the term 'G…
Can a lawyer run a closing or escrow department under a trade name (d/b/a), and must the lawyer disclose that the d/b/a is part of the law firm?
On the first question, the opinion concludes that under RPC 7.5(a) a lawyer may use a trade name as long as it does not imply a connection with a government agency or a charitable legal-services organ…
Must a lawyer provide a client the electronic version of the client's documents, or can the engagement letter limit the client to paper copies?
The committee declined as a matter of policy to comment on specific contract language, but said that providing the client the signed originals and one paper copy of the estate-planning documents compl…
When a firm pays an independent contract attorney a bonus tied to how a case turns out, is that a division of fees governed by RPC 1.5(e)?
The opinion concludes that any compensation directly tied to or dependent on the client's payment of a gross fee may be a division of fees under RPC 1.5(e)(1), so a bonus that ties the right to and am…
Must a lawyer who holds money as a guardian, trustee, personal representative, or executor (not as the client's counsel) deposit it in the RPC 1.15A trust account?
The opinion concludes that Informal Opinion 1202 still controls: funds a lawyer holds purely in a fiduciary capacity other than as an attorney, for example as a court-appointed guardian, trustee, or p…
Can a Limited Practice Officer (LPO) sign checks drawn on a law firm's trust account, given that RPC 1.15A(h)(9) says only a lawyer may be an authorized signatory?
Yes, under limited circumstances. The opinion concludes an LPO may sign trust-account checks, but only for transactions for which the LPO is licensed; the authority does not extend further. Because an…
Can a lawyer who represented a now-deceased client probate that client's estate for the personal representative, who is the client's spouse and sole heir?
On the limited facts presented, the opinion concludes the Rules of Professional Conduct do not prohibit it. But the opinion lists situations that could obligate the lawyer to withdraw, including learn…
Can a lawyer keep referring probate-estate clients to a real estate broker that now employs the lawyer's spouse, and what must the lawyer disclose?
The opinion concludes the referral is not prohibited so long as the lawyer fully discloses, in writing, that the spouse is employed by the broker and the client gives informed consent confirmed in wri…
Can a lawyer provide 'prepaid legal services' bundled into a for-profit real estate company's flat-fee package, where the company collects the fee and pays the lawyer a set amount?
The committee was strongly concerned the arrangement violates the RPCs. The lawyer must still ensure the flat fee is reasonable (RPC 1.5(a)) and run a conflict check before representing each seller (R…
Can limited practice officers in a law firm's escrow department be signatories on the accounts used to sign escrow disbursement checks for real estate closings?
The opinion sets out the governing rules rather than a one-line answer: under RPC 1.15A(h)(9) only a lawyer admitted to practice may be an authorized signatory on a trust account, and a lawyer must ho…
When part of a workers' comp (L&I) claim is in litigation, can the injured worker's lawyer contact the third-party administrator handling the claim for a self-insured employer?
The committee answered that a third-party administrator (or employee/adjuster) with discretion and authority to bind a self-insured employer in claims-management decisions is treated as part of the re…
Can a lawyer pay the litigation costs for a nonprofit it represents pro bono because the nonprofit's wards are indigent?
No. The committee concluded that RPC 1.8(e)(2)'s indigent-client exception lets a lawyer pay court costs and litigation expenses only for an indigent client, and a nonprofit guardianship corporation, …
Can a contingent-fee agreement make the client repay advanced litigation costs if the client rejects a settlement the lawyer considers fair?
No. The committee concluded that conditioning the client's obligation to repay advanced costs on the client's acceptance of the lawyer's settlement advice imposes adverse financial consequences that i…
Can a nonprofit run a lawyer referral service for its member attorneys, and how must those lawyers describe their practice areas?
Yes. The committee concluded the proposed not-for-profit referral service satisfies the RPCs: under RPC 7.2(b) a lawyer may pay the usual charges of a not-for-profit lawyer referral service, and the c…
Can a lawyer use a facsimile signature stamp on trust-account checks, or let staff sign them?
The committee concluded that under RPC 1.15A(h)(9) only a lawyer may be an authorized signatory on a trust account, so a lawyer may not give a nonlawyer discretion over disbursements; a lawyer may use…
Can a lawyer refer clients to a relative who is a realtor and discount the clients' legal fees if they use that relative?
The committee concluded no RPC per se prohibits either the referral or the fee discount, but it flagged concerns under RPC 1.6 (client confidences, heightened between family members), RPC 1.7 and 1.8 …
Can a family law deputy prosecutor also serve part-time as a substitute family law court facilitator without a conflict of interest?
The committee concluded the situation is governed by RPC 1.7 and 1.12 and that, because people the lawyer helps as a substitute court facilitator might later become adverse to her when she represents …
Can a lawyer sign a medical provider's agreement guaranteeing the provider will be paid from the client's settlement proceeds?
The committee did not analyze the question anew; it concluded the issues were already addressed in WSBA Formal Opinion No. 185, which the inquirer should review and follow, and it updated the governin…
Can a Washington law firm registered as a PLLC use a trade name that drops the PLLC designation?
Yes. The committee concluded that under RPC 7.5(a) a PLLC law firm may use a trade name as long as it is not misleading, and it found the proposed name not misleading on its face; because the name cou…
Can a lawyer represent a Guantanamo Bay detainee and agree to a court protective order that bars sharing classified material with the client?
The opinion concludes the lawyer may sign the memorandum of understanding and protective order, but only if the lawyer intends to abide by it and the client consents, after full disclosure, to the lim…
Can a law firm keep its office in the same building as a lawyer who resigned in lieu of disbarment, and does a locked connecting door cure the problem?
The committee said RPC 5.8(b)(2) prohibits a lawyer from maintaining a law office in a room or office occupied or used, in whole or in part, by a person who resigned in lieu of disbarment; if that per…
Can a Washington lawyer advertise a discount coupon for legal services?
Yes, with a caveat. The committee concluded there is nothing inherently unethical about a discount coupon for legal services as long as the discount is honored according to its terms (RPC 8.4(c)); to …
Can a Washington lawyer pay an annual fee to be listed in a for-profit online and telephone legal directory that lets the public search by location and practice area?
Yes, as described. The committee concluded that, provided the listing fee is reasonable and not a disguise for indirectly sharing fees with the for-profit publisher, participating in the directory und…
Can a lawyer who is also a shareholder address the represented corporation's board of directors at a shareholders' meeting about a dispute?
Yes, within limits. The committee concluded that, assuming the lawyer speaks only as an individual, about matters common to all shareholders, and not about a current individual dispute, RPC 4.2 does n…
Is it unethical for a lawyer to file a bankruptcy adversary proceeding pro se to discharge their own student loans as an undue hardship?
Not per se. The committee concluded that a lawyer representing himself must still follow the Rules of Professional Conduct as if representing another, so it is not inherently unethical to file the adv…
Does RPC 1.10(a) impute a part-time or of-counsel lawyer's conflicts to a firm, even for clients that lawyer represents outside the firm?
Yes. The committee concluded that a part-time or of-counsel lawyer is 'associated' with the firm under RPC 1.10(a), so the firm cannot represent a client where that representation would conflict with …
Can a Washington lawyer employed by one state agency open a private practice representing employees of other state agencies in civil actions against the state?
It depends on the facts. The committee concluded that, assuming the lawyer has no attorney-client relationship with his own agency, RPC 1.7(a)(2) could bar the outside representation if it would be ma…
Is paying a contract or temporary lawyer only for the hours the hiring lawyer bills to and collects from the client a 'division of fee' governed by RPC 1.5(e)?
No. The committee concluded that the arrangement does not implicate RPC 1.5(e), which applies to a division of fee between lawyers not in the same firm, because the gross fee the client pays the hirin…
Can a personal injury lawyer pay a nonlawyer marketing and settlement employee a bonus based on a percentage of the settlements that person brings in or negotiates?
No. The committee concluded that compensating a nonlawyer based on a percentage of negotiated settlements is improper fee-splitting under RPC 5.4. The rule's profit-sharing exception (RPC 5.4(a)(3)) a…
Can a settlement agreement bar the plaintiff's lawyer from filing future unrelated suits against the same defendant on behalf of other, currently unidentified plaintiffs?
No. The committee concluded that such a clause violates RPC 5.6(b), which bars a lawyer from making an agreement that restricts the lawyer's right to practice as part of settling a client's controvers…
Can a Washington lawyer join a commercial networking and referral organization without violating RPC 7.2 if the organization drops mandatory referral requirements and adds safeguards?
The committee concluded that if the organization adopts and enforces the described reforms, no mandatory member referrals, posted guidance against misleading claims and requiring a prospective client …
Can a Washington sole practitioner call the firm a 'Law Group' when only one licensed lawyer practices there?
No. The committee concluded that using the word 'group' in a firm name where only one licensed attorney practices violates RPC 7.5(a) and (d) because it implies more than one lawyer practices in the f…
Can a law firm bill a client for 'costs' (copying, computer research, messenger, interest) at amounts higher than what the firm actually pays?
Only within the bounds of reasonableness and disclosure. The committee concluded that under RPC 1.5 a lawyer's expenses must be reasonable; a large markup on copying or vendor costs is unreasonable wh…
Do non-compete, no-client-contact, and liquidated-damages clauses in a lawyer's employment agreement with a law firm violate RPC 5.6(a)?
Yes. The committee concluded that the three provisions, barring the lawyer from contacting firm clients during and after employment, a two-year non-compete, and a liquidated-damages clause backing it,…
Can a Washington criminal defense lawyer charge a client for copying the case file or discovery, and does the answer change for an indigent appointed client?
For a retained client, the lawyer may shift copying costs only if the original fee agreement contains an express term to that effect entered at the start of the representation; otherwise the file belo…
Can a Washington lawyer join a nationwide, internet-based bankruptcy lawyer referral service when the per-client fee and listing fee are paid to a for-profit company, not the nonprofit?
No, as the program was structured. The committee concluded that Consumer Legal Referrals was not a not-for-profit lawyer referral service under RPC 7.2(b)(2), because the $100 per-converted-client fee…
If a lawyer waives part of a contingent fee for the client after settlement, must the lawyer tell the client's PIP carrier, whose reimbursement was reduced by a pro rata share of that fee?
Yes. The committee concluded that while waiving part of the fee is itself fine, the actual fee charged is a material fact in calculating what the lawyer keeps from the PIP carrier's reimbursement, so …
Can a Washington lawyer who took a referred wrongful death case share the contingent fee with the referring lawyer, who is licensed in Canada and not subject to Washington's rules?
Yes, the committee concluded the fee may be shared, on condition that RPC 1.5(e)(2) is met: the division is in proportion to each lawyer's services or, by written agreement, each lawyer assumes joint …
Can a retired founding member who is an honorary bar member be listed as 'Honorary Member' on a law firm's letterhead?
Not without clarification. The committee concluded that 'Honorary Member' alone violates RPC 7.1 and 7.5 because it implies the retired lawyer is a partner and still practicing; listing the lawyer as …
In a workers' comp claim against a self-insured employer, can the injured worker's lawyer directly contact the employer's claims adjuster or third-party administrator who can bind the employer?
No, where that person is represented by counsel or is an employee with authority to bind the employer in an evidentiary sense. The committee concluded RPC 4.2 forbids contacting a represented party, o…
Can a Washington lawyer pay a nonlawyer nonprofit a 'donation' in exchange for case referrals that produce a recovery?
No. The committee concluded that both the lawyer who pays a donation tied to a referral and a lawyer working for the nonprofit who requests it violate RPC 7.2, unless the nonprofit qualifies as a not-…
Can a lawyer who is the guardian of an incapacitated person also appoint himself trustee of that person's special needs trust?
The committee concluded he cannot: because establishing the special needs trust does not necessarily end the guardianship and the guardian's and trustee's duties do not necessarily coincide, holding b…
Can a Washington lawyer join an online attorney-client 'matching' service that charges a flat fee and ranks 'verified' lawyers higher?
The committee concluded the service apparently operates as an impermissible for-profit referral service in violation of RPC 7.2(c) because it makes subjective judgments and does more than ministerial …
Does a county prosecutor have a conflict prosecuting someone who briefly worked on the prosecutor's spouse's political campaign, and is the whole office disqualified?
The committee concluded the elected prosecutor's possible personal-interest conflict is analyzed under RPC 1.7(b), and that even if he is personally disqualified the conflict is not necessarily impute…
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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.