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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Must a lawyer report a client's identity to the Treasury Department on IRS Form 8300 for cash payments over $10,000?
The committee was of the opinion that a client's identity is a 'secret' under the rules, so a lawyer may not disclose it to the Treasury Department on IRS Form 8300 except in compliance with RPC 1.6.
A client hands the lawyer documents the client obtained by violating a restraining order; can the lawyer use them, must they be returned, and what about discovery?
The committee was of the opinion that the lawyer may not disclose how the documents were obtained without the client's consent under RPC 1.6; that RPC 3.4(a) requires advising the client the documents…
Does the trust-account rule need a new provision telling lawyers how to disburse funds when more than one person claims them?
The committee was of the opinion that no amendment is required: the existing rule, which directs paying the client the funds the client 'is entitled to receive,' resolves the issue, and the question o…
After distributing an estate to two heirs, a lawyer learns of a third undisclosed heir; what must the lawyer do if the heir-clients will not correct it?
The committee was of the opinion that RPC 4.1(b) requires the lawyer to call on the heir-clients to correct the apparent fraud on the omitted heir; if they refuse to correct it or to authorize disclos…
Can a lawyer release a deceased client's trust funds to the client's mother?
The committee was of the opinion that this is a legal rather than an ethical question; all it could say is that the lawyer may deliver the money to the mother if the lawyer is satisfied that she is en…
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…
If a lawyer receives a settlement check for more than the agreed amount, what must the lawyer do?
The committee was of the opinion that the lawyer must clarify with the adjuster whether the case was settled for the agreed amount or the larger amount; if the larger payment was made in error, the la…
Must a lawyer release stored documents to a former client who requests them?
The committee was of the opinion that RPC 1.14(b)(4) requires the lawyer to provide the former client all property the client is entitled to receive, and it directed attention to Formal Opinion 181.
What must a lawyer do with a deceased lawyer's files that contain original wills and deeds when the clients cannot be located?
The committee concluded that the lawyer had to continue safeguarding original wills, deeds, and other client property when the clients could not be located, but that file materials that are not client…
If the IRS asks a lawyer for a client's address and telephone number, can the lawyer turn that information over without a court order?
The committee concluded that a client's address and telephone number were a confidence or secret, so under RPC 1.6(b)(2) the lawyer could reveal them to the IRS only pursuant to a court order.
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…
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…
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 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 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 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…
What must a lawyer do with trust-account funds held for a client whose whereabouts are unknown?
The committee was of the opinion that when a lawyer holds funds in trust for a client whose whereabouts are unknown, the lawyer is obliged to follow the requirements of the Uniform Unclaimed Property …
Can a lawyer take an assignment of a client's judgment for past-due child support to secure the lawyer's fees?
The committee was of the opinion that the mother had the full ability to assign her own interest in back child support to secure the attorney's fees, but that the extent of her interest would depend o…
Can a lawyer assert a possessory lien over a client document held to secure fees, such as a car's certificate of title?
The committee was of the opinion that the lawyer could assert a possessory lien over a document in the lawyer's possession (a certificate of title to an automobile) that the client had given to secure…
If a client tells the lawyer to give a signed settlement release back to the client instead of delivering it to the other side, what must the lawyer do?
The committee was of the opinion that the lawyer must deliver the document to the client as requested but also advise the client of the consequences of his actions, and should notify opposing counsel …
If a lawyer receives funds payable to a client that the client is not entitled to, what must the lawyer do before returning them?
The committee concluded that a lawyer who receives funds payable to a client that the client is not entitled to must advise the client of the lawyer's intention to return the funds and the reason, so …
Can a lawyer promise a client's medical provider that settlement funds will be used to pay the provider's bill?
Not without the client's informed consent. The committee concluded that settlement or judgment funds are the client's, so a lawyer could not guarantee paying a chiropractor's bill out of them without …
Can a lawyer guarantee a personal injury client's out-of-pocket medical bills to relieve pressure from providers?
The committee concluded that RPC 1.8(e) prohibits a lawyer from advancing or guaranteeing financial assistance to a client except that the lawyer may guarantee the expenses of litigation. Guaranteeing…
Can a lawyer run personal or a spouse's real estate and business transactions through the law office trust account?
The committee concluded that a lawyer may not collect his own vendor's interest in a real estate contract through the trust account, because RPC 1.14(a) bars depositing a lawyer's or firm's own funds …
Can a client waive the rule that a lawyer's trust funds be kept in a 'qualified' account?
No. The committee continued its opinion that RPC 1.14(c)'s requirement to deposit client trust funds in qualified accounts is mandatory and may not be waived by the client, though the lawyer may distr…
Can a lawyer sell a client's property in the lawyer's possession to satisfy a judgment for unpaid fees?
The committee concluded that a lawyer could not sell client property in the lawyer's possession and apply the proceeds to a fee judgment without the client's consent or other lawful authority to conve…
Can a lawyer keep client funds in the office instead of depositing them in a trust account?
The committee unanimously concluded that RPC 1.14 absolutely prohibits handling client funds in any way other than the rule permits, so a lawyer may not keep client funds in the office and must deposi…
Must a lawyer give the client a prior lawyer's file the lawyer is holding, even if the client wants it to sue the prior lawyer?
The committee concluded that the lawyer should turn over the entire former-lawyer file that was given to the lawyer without restriction, because the client had paid for the work it represents and the …
Can a Washington lawyer keep a client trust account at a brokerage house instead of an insured bank?
The committee concluded that RPC 1.14(c)'s requirements are mandatory and cannot be waived by a client; a lawyer using anything other than an insured bank, credit union, or savings and loan must confi…
Can a lawyer hold a client's papers until the fee is paid, and does a bankruptcy discharge wipe out that lien?
The committee said whether a bankruptcy discharge extinguishes an attorney's lien is a legal question it could not answer; if the lien survives discharge, a lawyer may assert it subject to the ethical…
Can a Washington lawyer keep a client trust account in a Canadian bank?
Per the opinion, only if the Canadian bank meets the description in RPC 1.14(c); if it does there is no difficulty, but otherwise the lawyer must comply with the rule as written.
Can a lawyer assert an attorney's lien for old fees against funds received for the same client in a new case?
The committee concluded that an attorney's lien for fees due in prior litigation could be asserted against funds received on behalf of the same client in new litigation, and that the lawyer had to com…
Must a lawyer who serves as trustee, guardian, or executor hold those funds in a trust account under RPC 1.14?
The committee concluded that whether RPC 1.14 governs funds a lawyer receives as a fiduciary depends on whether they are client funds in the lawyer's possession; if so, they must go into the account R…
What can a lawyer do with trust funds for multiple clients who cannot be reached for distribution instructions?
The committee concluded that a lawyer holding trust funds for a group of unreachable clients could issue a single trust-account check payable to all of them, send it to one party while advising all of…
Who is entitled to the interest earned on a lawyer's trust account before Washington adopted its IOLTA rule?
The committee concluded that interest earned on the trust account before the IOLTA rule was adopted must be allocated and paid to the clients whose funds earned it; if a client has disappeared, the fu…
Can a lawyer keep personal funds, such as proceeds from a personal real estate deal, in the client trust account?
No. The committee reaffirmed that under RPC 1.14(a), the trust account guidelines, and Informal Opinion 799, lawyers may not commingle personal funds, including funds from personal real estate transac…
Can the lawyer for a deceased lawyer's estate assert an attorney's lien over a former client's files?
The committee concluded that if the attorney's lien is lawfully assertable on behalf of the estate, there is no ethical reason the estate's lawyer could not assert it; whether the lien statute is asse…
When asserting an attorney's lien, can a Washington lawyer hold on to a client's papers if it would hurt the client's case?
No. The committee concluded that, even while asserting an attorney's lien, a lawyer may not retain a client's papers if doing so would prejudice the client's rights, because RPC 1.15(d) requires the l…
If a client disappears owing fees and the lawyer holds the client's money in trust, can the lawyer pay the fees from those funds?
The committee said the lawyer must make reasonable efforts to notify the missing client of the fee claim and of the intent to pay the fees from the client's trust funds, including trying to reach the …
Can a lawyer keep a former client's files and property under an attorney's lien until the lawyer is paid?
The committee concluded that a lawyer may assert a statutory attorney's lien over a former client's files and property in the lawyer's possession, as long as doing so does not prejudice the client; wh…
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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.