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 out-of-state lawyers establish a Washington law practice with a Washington lawyer, and how must the firm name and advertising handle their non-admission?
The committee concluded that the Rules do not preclude a Washington lawyer from joining a multistate firm, but RPC 5.5 bars assisting non-members in the unauthorized practice of law in Washington and …
Does a lawyer's website advertising qualifications and experience have to comply with the lawyer advertising rules?
Yes. The committee concluded that the contents of a website posted by a lawyer or law firm must comply with RPC 7.1, and that the lawyer must maintain a copy of the website and the changes made to it …
Can a law firm keep a suspended or disbarred lawyer's name in the firm name and communications?
No. Adopted as Formal Opinion 196, the opinion concluded that using a suspended or disbarred attorney's name in a firm's name or business communications is prohibited as false or misleading under RPC …
Can a criminal-defense lawyer advertise in the Yellow Pages that investigative services are available?
Yes. The committee concluded that nothing in the Rules prohibits the lawyer from stating in a Yellow Pages advertisement that investigative services are available, provided the statement is accurate a…
Can a lawyer mail advertising letters to people listed on a court docket?
Yes, within the advertising rules. The committee concluded that RPC 7.3(b) permits a lawyer to communicate in writing with prospective clients unless the prospective client has made known a wish not t…
Can a lawyer provide free estate-planning services to an organization's members when the organization suggests members leave it a bequest?
Yes, with conditions. The committee concluded the lawyer may provide the free services, but any donation a client makes to the organization must be totally voluntary; the lawyer must protect independe…
Can a lawyer distribute brochures about legal services to the public and in chiropractors' offices without it being improper solicitation?
Yes. The committee concluded the conduct does not violate the Rules: the brochure was not false or misleading (RPC 7.1), the lawyer gave nothing of value to the chiropractors (RPC 7.2), the brochure c…
Can a lawyer on inactive status remain 'of counsel' to a law firm?
The committee concluded no: identifying a lawyer as 'of counsel' implies a continuing professional relationship that necessarily involves some practice of law, which an inactive lawyer cannot do, so t…
Can a law firm use a trade name like '[Field] Law Center' in Washington?
The committee concluded that the trade name '[field of practice] Law Center' does not violate RPC 7.5(a) if it is used in conjunction with a law practice of the nature described by the inquiring lawye…
Can a law firm use a trade name that includes its field of practice in Washington?
The committee concluded that the trade name 'All American [field of practice] Service' does not imply specialization but simply states an area of law the firm practices, and that this is consistent wi…
Can a lawyer send a self-published lawyer-liability newsletter to judges they appear before?
The committee concluded that sending the proposed newsletter to judges and justices should be allowed, assuming the lawyer is careful to comply with RPC 1.6 (confidentiality) and RPC 3.5 (ex parte com…
Can a Washington lawyer advertise in a free community 'address book' mailed to households?
The committee concluded the proposed marketing program does not violate RPC 7.2 or 7.3, provided the advertisement is not false or misleading under RPC 7.1, the lawyer complies with RPC 7.2(b) and (d)…
Can a lawyer advertise by posting fliers around a venue?
The committee concluded that because RPC 7.2 authorizes advertising through written communication and a flier is a written communication, posting fliers is authorized, subject to compliance with the b…
Can a lawyer put a non-legal certification like 'CFE' (Certified Franchise Executive) on advertising materials?
The committee concluded that using the 'CFE' designation, particularly without clarification, would seem to violate RPC 7.1(a) and 7.4 because it omits the facts necessary to keep the statement from b…
Can a firm put an 'of counsel' lawyer's name in the firm name if that lawyer was never a partner or member?
The committee concluded that a lawyer may not join his or her name with a firm unless the mutual intention is for the lawyer to serve as a member or partner under RPC 7.5(d), and that because the inqu…
Can a lawyer hire a paralegal firm to run a branch law office, pay it from case recoveries, and advertise with the paralegal's photo?
The committee concluded that paying a paralegal a share of recoveries is an improper division of fees under RPC 5.4(a), that depending on the supervision the arrangement could be unauthorized practice…
Can a lawyer advertise past jury verdicts, damage awards, or client testimonials, and what disclaimer is needed?
The committee concluded that advertising specific results, such as jury verdicts or damage awards, does not comply with RPC 7.1(b) even if true unless it carries an equally prominent disclaimer tellin…
Can a firm keep a non-partner's name in the firm name on its letterhead, and may that lawyer instead be listed 'of counsel'?
The committee concluded it is improper to keep a non-partner's name in the firm name on the masthead letterhead, but that it is not improper to list the lawyer as 'of counsel' where he continues to wo…
Can a lawyer use the Vietnamese word 'chuyên' in advertising, given its meaning as a claim of specialization?
The committee concluded that use of the Vietnamese word 'chuyên' in lawyer advertising is a violation of RPC 7.4, based on a language expert's interpretation of the word.
Can a lawyer run an advertisement comparing the lawyer's services to a named competitor's practice of not filling out clients' forms?
The committee concluded the proposed immigration advertisement would mislead prospective clients in violation of RPC 7.2(a) because it omits material facts, and that statements about a competitor's pr…
Can a lawyer advertise a family law 'divorce and custody survival' seminar aimed at prospective litigants?
The committee concluded that, to the extent the advertisement contains only factually accurate statements with appropriate disclaimers, it is not necessarily in violation of the Rules.
After two firms merge, can they keep operating under their two former names, and must they notify the merged-in firm's clients?
The committee concluded that, on the facts presented, the merged firms' continued use of two separate firm names is misleading under RPC 7.1(a) and 7.5(a); there is no separate requirement to send for…
Can a lawyer participate in a group legal marketing program (Lawstar) that gives subscribers free or reduced-fee legal services?
The committee reviewed the inquiry about the Lawstar program and determined that its previous Opinion 1681, addressing such group legal marketing programs under RPC 7.2(c), continues to be valid.
Can a lawyer employed by a nonprofit give free estate-planning consultations to potential donors in exchange for a suggested donation to the nonprofit?
The committee concluded the arrangement violates RPC 7.2(c) because it creates the appearance that the nonprofit is recommending the lawyer, and it creates a conflict under RPC 1.7(a) between the nonp…
After one partner retires, can the remaining solo lawyer keep using the two-name firm name?
The committee concluded a sole practitioner cannot continue using a two-name firm designation like 'X and Y, P.S.' because it suggests that more than one attorney is practicing in the firm.
Can a lawyer advertise legal services in a folder an auto repair shop hands customers with their estimate or bill?
The committee concluded the rules do not prohibit advertising legal services in a brochure placed with an auto repair bid or bill, provided the ad complies with RPC 7.1, 7.2, and 7.3 and the shop's co…
Can a Washington lawyer advertise as a specialist, and where does someone report a lawyer who does so improperly?
The committee said RPC 7.4 does not authorize specialty advertising except in limited circumstances, and that complaints about other lawyers' conduct go to the Office of Disciplinary Counsel, not the …
Can a Washington lawyer join a property management business and advertise that a lawyer is part of the business?
The committee declined to decide whether the activity is the practice of law, but said that if it is, it would violate RPC 5.4(b) and potentially RPC 7.1(a)-(b) and 7.3(a), and flagged RPC 1.6, 1.7, 5…
Can a lawyer run an advertisement with a factually accurate statement and a disclaimer?
The committee said that, to the extent the inquiry is about an advertisement containing a factually accurate statement with an appropriate disclaimer, such an advertisement would not necessarily viola…
Can a lawyer use a single telephone line for both a non-law business and the law practice?
The committee said using one telephone line for both a business and a law practice is not misleading in violation of RPC 7.1(a), but an attorney using a dual line should be mindful of RPC 1.6.
Can a lawyer join a group marketing program where members pay an annual fee for free or reduced-rate legal services?
The committee was of the opinion that a lawyer participating in the 'Lawstar' program, under which members pay an annual fee for free or reduced-rate legal services, would be in violation of RPC 7.2(c…
Can a law firm advertise the combined years of practice of its partners as a single firm experience figure?
The committee concluded that advertising that the firm has represented clients for twenty-nine years, when that figure is the cumulative practice years of two partners, would violate RPC 7.1 as materi…
Can a lawyer advertise that the firm handles lawsuits against a specific named business and its owners?
The committee did not resolve the question on the merits; it directed the inquirer to RPC 7.1 and 7.4 as the governing rules and declined to opine on any other liability such an ad might create.
Can a lawyer use a pseudonym (a fake name) while doing legal work?
The committee was of the opinion that, while it does not decide whether particular agency staff are practicing law, if an attorney is engaged in the practice of law then using a pseudonym would violat…
Can a professional limited liability company call itself a 'firm' or a 'company' in its name?
The committee decided that a professional limited liability company must not refer to itself as a 'firm' or a 'company' but must use 'professional limited liability company' or 'P.L.L.C.', and that to…
Can a law firm name itself '____ & Company'?
The committee was of the opinion that using the word 'company' in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law pr…
Can a for-profit service solicit bids from law firms on behalf of its business clients?
The committee was of the opinion that a proposed for-profit service organization that would solicit bids from law firms on behalf of its business clients would violate RPC 7.2(c).
Can a lawyer agree to have translators screen and refer clients and share the initial consultation fee?
The committee was of the opinion that the proposed agreement, under which two translators would screen clients, set an initial fee agreement, refer them to the lawyer, and share an initial consultatio…
Can a law firm whose lawyers all practice tax law call itself 'Tax Attorneys' on its letterhead and business cards?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a firm whose attorneys all practice tax law from using the words 'Tax Attorneys' in its communications, provided…
Can a law firm give the title 'principal' to an employee-lawyer who has no ownership interest in the firm?
The committee was of the opinion that there is nothing inherently wrong with using the term 'principal' this way and that it will not violate RPC 7.5(d), but it may have the capacity to mislead the pu…
Can a law firm hand out a fee-discount coupon to mark its anniversary, or donate to charity for each coupon redeemed?
The committee was of the opinion that a law firm may offer a coupon for $50 off legal fees to celebrate the firm's 25th anniversary, or may make a similar charitable contribution for each coupon redee…
Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?
The committee was of the opinion that the lawyer cannot take the people met while selling insurance door-to-door as legal clients, and if the lawyer identifies as an attorney must fully disclose that …
Can a lawyer attend a Chamber of Commerce networking breakfast where members introduce themselves and say what they do?
The committee was of the opinion that nothing in the rules prohibits attending such breakfast meetings, so long as the lawyer does not engage in in-person solicitation of group members, or let others …
Can a lawyer pay to be listed with a for-profit lawyer referral service that recommends a specific attorney to callers?
The committee was of the opinion that paying a for-profit referral service that recommends a specific attorney in exchange for a fee is prohibited by RPC 7.2(c), which permits only not-for-profit lawy…
Can a lawyer practice law and also work as an insurance adjuster?
The committee was of the opinion that a lawyer can ethically maintain dual professions but the risk of violating the rules is high; the lawyer must preserve client confidences, disclose in what capaci…
Can a lawyer serve as part-time in-house counsel for more than one business at the same time?
The committee agreed that nothing in the RPCs prohibits a lawyer from serving as part-time in-house corporate counsel for more than one client, so long as communication of that status is not misleadin…
Can a lawyer team up with a nonlawyer-owned company to give legal advice to callers of a 1-900 pay-per-call number?
The committee was of the opinion that the arrangement violates RPC 5.4(a) and (b) and 7.2(c), and that the prerecorded advice raises serious competence and malpractice concerns under RPC 1.1, 1.2, 1.3…
Can a lawyer use a daily list of arrested persons to send them direct-mail letters offering legal services?
The committee was of the opinion that participating in a program that supplies a daily list of arrested persons, whom the lawyer then sends a letter offering services, does not violate the Rules of Pr…
Can a lawyer dun delinquent clients under fictitious agency names, and can a lawyer use 'mediation' to jointly handle both spouses in a divorce?
The committee concluded that collecting fees under fictitious names such as 'Legal Audit Services' or 'Bureau of Legal Economics' would violate RPC 7.1(a) and/or RPC 8.4(c), and that, on the facts, la…
Can a lawyer's office sign list 'Notary Public' or an area of practice such as immigration?
The committee concluded there is no prohibition against listing Notary Public or a general practice area such as immigration on an office sign, so long as it does not misrepresent the lawyer's experie…
Can a law firm run an advertisement seeking a joint-venture partner to bid together on public-sector legal-services contracts?
The committee concluded nothing in the RPCs would prohibit the firm's advertisement seeking a joint-venture partner, but said it did not have enough facts about the joint ventures themselves to commen…
Can a lawyer pay a community welcome program to hand new families a gift bearing the lawyer's name and address?
The committee unanimously concluded the lawyer may participate in a 'Friendship Basket' welcome program, paying a fee and donating a gift with the lawyer's name and address, as long as the program's r…
Must a lawyer admitted in both California and Washington add Washington's specialty disclaimer when listed as a certified specialist in a California directory or on a California business card?
The committee concluded a dual-admitted lawyer's listing as a certified specialist in a California directory does not require the RPC 7.4(b) disclosure, and a business card showing only the California…
Is it an unethical referral fee for a lawyer to include a donation to an advocacy organization in the price of a legal-information product the lawyer sells?
The committee concluded that including a $5 donation to an advocacy organization in the sale price of a lawyer-prepared child-support videotape is not an unethical referral fee, because what the buyer…
Can a separate prepaid legal services company promote its plan to employers and list panel attorneys without violating the lawyer advertising rules?
The committee concluded the prepaid plan is a legal-fee insurance plan, not the practice of law, so its promotion, employer contacts, trade name, and panel lists do not violate RPC 7.1 through 7.5, an…
Can a lawyer advertise on an adoption agency's pamphlet and describe himself as an 'adoption attorney'?
The lawyer may place his name on the pamphlet if he pays only the reasonable advertising cost (RPC 7.2(c)), but 'adoption attorney' violates RPC 7.4 by implying he is a specialist unless used with an …
Can a lawyer run an ad headed 'public notice' that is brief on the details?
The committee concluded the advertisement violated RPC 7.1 because the 'public notice' caption implied an official or governmental notice, and its brevity omitted facts needed to keep it from being ma…
Can a person use the business-card title 'Japanese Legal Consultant' in Washington?
The committee concluded that, after the adoption of Admission to Practice Rule 14 on foreign law consultants, using 'Japanese Legal Consultant' would be misleading because it implies the person compli…
Can a lawyer send direct-mail solicitations to elderly residents of residential health care facilities?
The committee concluded such direct mail is permitted by RPC 7.3 if it is not false or misleading (RPC 7.1), does not interfere with an existing lawyer-client relationship (RPC 4.2), and does not clai…
Can a law firm mail seminar invitations to non-clients and follow up by phone without violating the solicitation rule?
The firm may send written seminar invitations to clients and non-clients and may make follow-up calls to non-clients, but may not telephone non-clients or seminar attendees to solicit legal business u…
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.