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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Does a lawyer have to use caller-ID blocking to protect a client's confidentiality when calling from the office?
The committee concluded that the rules do not require any particular use of caller ID or caller blocking, but that where a client wants the fact of representation kept secret, the lawyer must use a me…
If a potential adversary leaves a detailed voicemail seeking to hire you to sue your existing client, what are your duties?
The committee concluded that whether a client-lawyer relationship formed with the caller is a legal question it could not answer, but that if no relationship formed the lawyer's duty to the caller is …
Can a lawyer who prepared a client's power of attorney also represent the attorney-in-fact in a transaction affecting the client?
The committee concluded that the lawyer may not represent the agents if their interests are adverse to the client and the representation would adversely affect the client, unless the client gave an ap…
Can lawyers who share an office and a receptionist each represent different family members injured in the same accident?
The committee concluded that office-sharing lawyers may represent different family members injured in a common accident, provided they disclose to their clients under RPC 1.7(b) any material facts sug…
If a letter from opposing counsel contains a secret about another of that lawyer's clients, can you forward it to your own client?
The committee concluded that RPC 1.6 governs the duty to protect client confidences and secrets, that a client's identity is ordinarily not privileged, and that a lawyer who wants to forward opposing …
Can a lawyer give the Department of Corrections the names of inmates the lawyer has contacted?
The committee concluded that providing the names of contacted inmates to the Department of Corrections is prohibited by RPC 1.6, absent the express consent of the client or a court order compelling di…
Can a firm sell its fee judgment against a former client to the opposing party in the litigation the firm handled?
The committee said assigning, for compensation, the firm's judgment against its former client to the defendant in the litigation in which the firm previously represented that client does not meet the …
Can two lawyers who are married to each other appear as opposing counsel?
The committee was of the opinion that, depending on the facts of each case, the spouse-lawyers must comply with RPC 1.7(b) and RPC 1.8(i), and that as to any confidences or secrets both must comply wi…
Must a Washington lawyer who receives more than $10,000 in cash from a client disclose the client's identity on IRS Form 8300?
The committee concluded the lawyer must file Form 8300 as federal law requires, but where the client's identity is confidential under RPC 1.6 the lawyer must omit the identifying information, inform t…
Can a lawyer who rents office space from a law firm represent a client adverse to one of that firm's clients?
The committee concluded the RPCs do not prohibit a tenant lawyer from representing clients adverse to the landlord firm's clients, provided the businesses are separate, the tenant exercises caution to…
Must a lawyer withdraw from a civil case when the lawyer's partner was briefly appointed to defend the opposing party but withdrew immediately?
The committee concluded the inquiring lawyer is not required to withdraw from representing the civil plaintiff, assuming no confidences or secrets within the meaning of RPC 1.6(a) were received by the…
What should a lawyer do after receiving confidential deposition transcripts that were not meant for the lawyer?
The committee concluded the Rules of Professional Conduct do not address the receipt of misdirected confidential documents and, given the lack of guidance and the lack of consensus in other jurisdicti…
May a lawyer sign a settlement agreement that bars disclosure of the settlement's terms, conditions, or existence?
The committee concluded that a lawyer's signing such a confidentiality agreement does not, by itself, violate RPC 1.6, 1.7, or 8.4; it declined to comment on whether a lawyer may propose such an agree…
Can a lawyer-creditor tell the bankruptcy court that a former client hid property the lawyer learned of during the representation?
The committee concluded that, assuming the former client failed to list the property, the lawyer may advise the bankruptcy court of it under RPC 1.6(b)(2) to establish the lawyer's fee claim against t…
Can a lawyer share office space with a nonlawyer organization and take referrals from it?
The committee concluded a lawyer may share office space with nonlawyers but must keep a completely separate and distinct office, prevent any misleading appearance of affiliation, and protect confident…
Can a lawyer's detailed bills be sent to an outside auditor without the client's consent?
The committee concluded that, on the facts presented and where the client has not consented, releasing detailed billing information to outside parties would be impermissible under RPC 1.4 and 1.6, app…
If a client's identity is confidential, can a lawyer disclose it to a prospective new firm running a conflicts check?
The committee concluded that, on the facts, the client's identity is a secret under RPC 1.6 whose disclosure would disadvantage the client under RPC 1.9, so the lawyer cannot disclose it to the prospe…
After a client sues for malpractice and waives privilege, can the lawyer voluntarily disclose the client's confidences to a third party to build a defense?
The committee concluded that voluntary disclosure to a third party under these circumstances would violate RPC 1.6(a), and RPC 8.4(a) bars the inquiring lawyer from disclosing it; formal discovery or …
Can a firm represent a corporation when the corporation's CEO is also a paid consultant to the firm?
The committee concluded the firm may represent the corporation if its consulting relationship with the CEO will not interfere with its independent judgment, with RPC 1.7(b) disclosure and a written wa…
Can a lawyer represent a husband in his divorce after having briefly represented his current wife in an unrelated earlier matter?
The committee concluded the lawyer will not violate the RPCs by representing the husband, that there is no conflict of interest requiring the wife's approval, and that the lawyer must keep confidentia…
Can a lawyer who left a firm represent a client against a corporation that was the firm's client while the lawyer was there?
The committee concluded that under RPC 1.9 the former corporate client's confidences are imputed to the departed lawyer whether or not the lawyer handled the work, so the lawyer cannot take a claim ag…
Can a Washington lawyer run an ancillary law-related business and refer clients to it?
The committee said there is no per se bar on a lawyer establishing a law-related business, but any referrals must strictly follow the RPCs, including RPC 1.6, 1.7, 1.8, 5.4, and 5.5, and the business …
Can an in-house lawyer who left a company become general counsel to a consulting firm that serves that company's industry?
The committee concluded the move is barred only if the lawyer represents the consulting company in a substantially related matter materially adverse to the former employer; on the stated facts that lo…
Does a Washington lawyer in a divorce case have to report tax fraud by the client or by a non-client witness?
The committee concluded that the lawyer has no duty to report either a non-client witness or the lawyer's own client for tax fraud, and RPC 1.6 bars disclosure adverse to the client unless the client …
Must a defense lawyer withdraw when former physician clients become the plaintiff's treating-physician witnesses?
The committee said the lawyer is not disqualified from continuing as defense counsel, assuming the lawyer will not violate RPC 1.6(a), 1.7(b), or 1.9(b) (and should also consider ABA Model Rule 1.9(c)…
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 take estate-planning referrals from an insurance agent and let the agent pay the lawyer's fee?
The committee (which was split) said a lawyer may accept fees from, or be reimbursed through, an insurance agent for preparing a client's trust and will only if the lawyer keeps independent profession…
Can a lawyer take a new client's case when a former client may testify as a witness in it?
The committee was of the opinion that the lawyer could represent the new client, but RPC 1.9(b) prohibits disclosing the former client's confidences or secrets, and RPC 1.7(a) requires the new client'…
Can a lawyer reveal client confidences to sue the client for a bounced check?
The committee concluded that, on the stated facts, the lawyer is a victim of a crime and falls within the RPC 1.6(b) exception, which permits revealing confidences and secrets to the extent necessary …
After a dependency action against a father, can a lawyer keep representing both the father and his injured minor child on the child's injury claim?
The committee concluded that several conflict rules prohibit the lawyer from continuing to represent either the father or the minor child without a court order or written consent, and that the lawyer …
Can a public defender office contract to appoint and pay outside conflict counsel from its own budget?
The committee was of the opinion that a contract requiring the public defender office to recognize conflicts and hire outside counsel from its budget raises conflict issues under RPC 1.7 and 1.9, and …
Can a legal services program accept third-party funding that bars it from raising certain claims, pursuing class actions, or appearing before legislatures, and what does it owe clients when funding is cut?
The committee was of the opinion that a legal services program must notify clients and seek to withdraw when funding cuts prevent competent representation, and that third-party funding restrictions ar…
Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?
The committee was of the opinion that, on the facts presented, where the lawyer did not personally work for the adverse client at the former firm and obtained no confidences or secrets, there would be…
Can a lawyer send client documents and confidences by fax without violating the duty of confidentiality?
The committee was of the opinion that using a facsimile machine is more like communicating by mail than by cordless telephone, so it can comply with RPC 1.6; the lawyer can take protective measures an…
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 operate a single firm that offers both legal services and public accounting (CPA) services?
The committee was of the opinion that nothing in the rules prohibits a lawyer from operating a professional services corporation offering both legal and accounting services, but it was unlikely the la…
Must a law firm turn over a former client's time and billing records to the new lawyers now representing that client?
The committee was of the opinion that the firm is not required to respond to a request for time or billing records unless the request is made by one of the firm's own former clients.
Can a lawyer market a spouse's business to the lawyer's own clients, for example by posting ads in the office or steering clients to buy products?
The committee declined to address every scenario but concluded that, as a general rule, the lawyer must comply with RPC 1.8(a) and 1.7(b) for current clients because the lawyer has a pecuniary interes…
May a lawyer disclose that a bankruptcy client failed to list life-insurance proceeds, or is the lawyer bound by confidentiality?
The committee concluded the answer turns on whether the nondisclosure is a crime and, if so, whether it is completed or continuing: a completed (past) crime may not be disclosed without consent under …
Can a lawyer run a law firm and a public accounting (CPA) business at the same time and serve the same client through both?
The committee concluded the RPCs do not prohibit jointly operating a law firm and a CPA business, but said that when providing both services to the same client it is unlikely the lawyer could identify…
If a lawyer is mistakenly given an opinion letter that opposing counsel wrote to his own client, can the lawyer disclose it?
The committee was of the opinion that if disclosing the inadvertently received opinion letter would be beneficial to the lawyer's own client, the lawyer may disclose it. The WSBA has since marked this…
Can a staff attorney share client confidences with the nonlawyer executive director of the agency that employs her?
The committee concluded that, unless the client consented, a staff attorney's sharing of confidences or secrets with the nonlawyer executive director of her employing agency would violate RPC 1.6, and…
Can a lawyer run an immigration-services business that shares offices with the law practice and refers customers to the lawyer?
The committee identified a potential for assisting the unauthorized practice of law and RPC 7.3(a) solicitation concerns if the business referred clients, and said the lawyer would need separate offic…
If a lawyer finds opposing counsel's left-behind notes showing a violation of a court discovery order, must the lawyer tell the court?
The committee unanimously concluded the lawyer should first make sure that disclosing the note pad information would not prejudice the lawyer's own client in violation of RPC 1.6, and assuming no such…
Can a lawyer sell a law practice including its goodwill, and are restrictive covenants allowed as part of the sale?
The committee unanimously concluded there is no per se prohibition on selling a law practice including goodwill, provided the seller protects client confidences, informs clients of the sale and of the…
Can a lawyer represent a party in litigation against a defendant when the prospective client previously served as counsel for that same defendant?
The committee concluded the lawyer should decline the representation in both scenarios, because the prospective clients, as the defendant's former counsel, are bound by RPC 1.9(b) not to disclose the …
Can an estate's lawyer disclose that the deceased client appears to have hidden assets to obtain free hospital care?
The information is not the deceased client's confidence because the lawyer learned it after death; it is the personal representative's confidence, and RPC 1.6(c) permits disclosing a court-appointed f…
If a lawyer learns a client made false statements to a court, may the lawyer disclose them?
The committee concluded RPC 1.6 prohibits the lawyer from disclosing the client's false statements, but the lawyer may disclose what is necessary for self-defense if later accused of fraudulent conduc…
Can a lawyer join a credit bureau that requires reporting clients' unpaid fees?
The committee concluded that joining the credit bureau would not be directly related to collecting the fee, so RPC 1.6 prohibits disclosing the client information the membership would require.
Can a lawyer give client information to another lawyer hired to collect a delinquent fee?
The committee concluded RPC 1.6 permits disclosure of client information to a collection lawyer if the lawyer reasonably believes it necessary to establish or collect a claim against the client.
Can a lawyer run a law practice and a separate public-adjusting business at the same time, and what must the lawyer do to keep them proper?
The committee concluded the lawyer may maintain both businesses if they are kept separate enough not to appear related, and if RPC 7.2, 5.4, 5.5, and 1.6 are observed, including making clear when an a…
If a lawyer notices a client has alcohol on his breath in court, may the lawyer tell the judge?
The committee concluded RPC 1.6 prohibits the lawyer from disclosing the client's apparent intoxication to the court, assuming no misrepresentations are otherwise being made to the court.
Can a lawyer give a client's medical creditors an assessment of their chances of being paid out of settlement funds?
The committee concluded the lawyer could provide creditors specific assessments of their chances of receiving payment, provided the lawyer had the client's consent as required by RPC 2.3.
Can a lawyer help a client re-title or refinance property the client had fraudulently conveyed, and must the lawyer report the past fraud?
The committee concluded the lawyer would be assisting a fraud by helping the client re-title or refinance the property and could not do so, but that because the lawyer learned of the past fraud within…
When the IRS audits a lawyer, can the lawyer turn over client confidences as part of complying with the audit?
The committee concluded the lawyer must comply with the IRS audit but may not disclose client confidences or secrets except in compliance with the Rules of Professional Conduct.
Can a lawyer report that a prospective client's former lawyer misled the court, when the prospective client says not to?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose the prospective client's information about the former lawyer's misrepresentations unless the …
Can a lawyer pay another lawyer to review draft wills without the client's knowledge or consent?
The committee was of the opinion that RPC 1.6 requires client consent before disclosing confidences or secrets to a reviewing lawyer, and that dividing a fee with that lawyer without the client's agre…
Can a lawyer give a prosecutor client information to rebut a former client's claim of ineffective assistance of counsel?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose confidences or secrets of the former client to the prosecuting attorney unless ordered to do …
When does an initial consultation with a prospective client create confidences and a conflict that bars later adverse representation?
The committee was of the opinion that the attorney-client relationship exists when a reasonable client believes it does, that information from an initial interview is protected by RPC 1.6, and that un…
Is a firm disqualified before a court commissioner whose ex-wife the firm represented, and must it tell its clients about that connection?
The committee was of the opinion that the firm is not disqualified from having cases heard by the commissioner; if relevant, RPC 1.1 and 1.4(b) require disclosing the connection to the client, but the…
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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.