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 a lawyer promise a client's medical provider or other creditor that they will be paid out of the client's settlement, and what are the duties if a dispute arises?
The committee concluded that a lawyer may guarantee a creditor payment from settlement or judgment proceeds only with the client's consent, after explaining the matter enough for an informed decision,…
Can a lawyer advise a client about small claims court and how to conduct a small claims trial, even though lawyers cannot appear at trial there?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from advising a client about the existence of small claims court or about the procedure and conduc…
Must a criminal defense lawyer give the client information from a police report marked not to be disclosed?
The committee was of the opinion that both prosecutors and defense lawyers must review police reports before disclosure to defendants under RPC 1.1 and 1.4, and must not disclose information that may …
Does a lawyer have to follow the client's decision on which proposed jury instructions to submit, even when counsel disagrees?
The committee was of the opinion that the lawyer must consult with and advise the client, but RPC 1.2(a) requires the lawyer to abide by the client's decision on the objectives of representation, whic…
If a lawyer skips an adversarial child-support hearing without telling the client, is that a rules violation, and does a claims officer who is also a lawyer breach the no-contact rule by dealing with the party?
The committee was of the opinion that a lawyer who, without advising the client, fails to attend the hearing violates RPC 1.4(a)'s duty to keep the client reasonably informed, but that on the facts de…
Must a lawyer give a client copies of sealed-file documents the client requests, when a statute allows their release only by court order?
The committee was of the opinion that if the pertinent statute prohibits disclosure of the documents, the client would not be entitled to them; it could not give a legal opinion on the statute, but un…
Can a lawyer call his or her own spouse as a witness for the lawyer's client, and does the lawyer have to do anything about the relationship?
The committee concluded that where calling the lawyer's spouse as a witness might impair the lawyer's independent judgment and adversely affect the client's case, the lawyer had to disclose those fact…
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…
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 …
Can a law firm disclose client names to a bank when pledging its accounts receivable for financing?
The committee concluded that before disclosing client names and account status to a bank to pledge accounts receivable, RPC 1.6 required the lawyer to determine the information was not a secret, to in…
If a lawyer cannot locate the client, can the lawyer settle the case or file suit, and how should the lawyer withdraw?
The committee concluded that where the lawyer could no longer contact the client (an escaped jail inmate with a personal injury claim), the lawyer was precluded from taking any action on the client's …
If an insurer asks a lawyer to defend an employee who never contacted the lawyer, can the lawyer act for that employee?
The committee concluded that because the employee had had no contact with the lawyer and no attorney-client relationship had formed, the lawyer had no authority to act as the employee's lawyer and sho…
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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.