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 plaintiffs' firm put a clause in its retainer agreement committing clients to oppose confidentiality provisions in any settlement?
The committee concluded that the proposed retainer clause violates RPC 1.2(c) and RPC 1.7(b) because it discloses none of the potential adverse consequences to the client or the nature of the conflict…
When does an attorney-client relationship form under a prepaid legal services plan, and can the plan's Washington lawyer initiate contact with plan purchasers about plan benefits?
The committee declined to fix the moment the relationship forms, calling it a mixed question of law and fact, but said it is unlikely to exist after purchase and before the subscriber contacts the law…
Can a volunteer legal clinic open a file and offer a consultation to a second person whose interests may conflict with an existing clinic client?
It turns on whether an attorney-client relationship formed with the first person. The committee concluded the clinic must screen for conflicts and warn that intake information is not confidential unti…
Can an estate-planning lawyer who is also a licensed insurance agent split an insurance commission on a product recommended to the client?
No. The committee concluded that a lawyer providing non-legal services for profit in conjunction with legal representation, such as splitting an insurance commission on a life-insurance trust recommen…
Can a lawyer give a client in litigation money for an emergency, or lend it, under RPC 1.8(e)?
A gift yes, a loan no. The committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e), but may not make a loan to a client under RPC 1.8(e); the…
Can a lawyer jointly represent civil co-defendants where one defers control to the paying client, and take an advance waiver of future conflicts?
Yes, within limits. The committee concluded the RPCs do not bar joint representation of civil co-defendants; RPC 1.7 requires written consent after consultation and disclosure, RPC 1.2(c) lets a lawye…
Can a lawyer advance a client's living expenses as 'expenses of litigation' under Washington RPC 1.8(e)?
No. The committee recommended that the phrase 'expenses of litigation' in RPC 1.8(e) not be modified or expanded to include a client's 'living expenses.'
Can a lawyer refer a client to another lawyer with whom the referring lawyer shares a business interest, such as a co-owned office corporation?
Yes, with conditions. The committee concluded the Rules of Professional Conduct do not prohibit referring a client to a lawyer with whom the referring lawyer has a common business interest, but the re…
Can a lawyer who did collections and eviction work for a hospital later sue that hospital for malpractice on behalf of a new client?
Yes, if the matters are not substantially related. Assuming a former attorney-client relationship with the hospital, the committee concluded RPC 1.7 and 1.8 did not apply (the hospital was not a curre…
Can a lawyer who co-owns a construction consulting firm steer the firm's clients to his law practice and use his consulting partner as an expert witness?
No. The committee concluded that using the consulting business to refer legal clients to the law practice, or the law practice to feed the consulting business (including using the consulting partner a…
Can a dually licensed lawyer advise a client to buy life insurance and then sell that insurance to the client?
No. The committee concluded that a lawyer may not both advise a client about the need for insurance and sell the client that insurance, or take any commission on the purchase; that is a conflict under…
Can a lawyer defend insurance-pool members when a corporate pool administrator pays the lawyer's fees?
Yes, with conditions. The committee concluded that third-party payment by the pool administrator does not bar the defense, but the lawyer must tell each pool member of the assignment and the payer and…
Does a government lawyer have a conflict of interest when their spouse works for the same agency the lawyer represents?
Not automatically. The committee concluded that a lawyer and a spouse working for the same employer, where the spouse may be involved in the matter, does not by itself create a conflict; only if some …
Can a practicing lawyer also be employed as a police officer?
Yes. The committee concluded that the Rules of Professional Conduct do not preclude a lawyer from dual employment, and a lawyer may practice law while employed in another occupation, with care taken s…
Does a full-time court bailiff who is also a lawyer create a conflict of interest by doing pro bono work for claimants before a federal agency?
The committee concluded that, on the facts presented, a full-time lawyer-bailiff's pro bono representation of claimants in matters heard exclusively by federal agencies and courts does not create a co…
Can a lawyer who investigated a liability claim for a reinsurer later represent a third party against the insured in an unrelated matter without the insured's consent?
The committee concluded the Rules did not prevent the representation, assuming the lawyer learned no confidential information from the insured that would benefit the new client or harm the insured. Be…
Can a lawyer run two offices, one under the lawyer's own name and one under a trade name?
The committee concluded that nothing prohibits a lawyer from having a law office and another business office, but that operating both creates significant potential for conflicts of interest in violati…
Can an insurance-defense lawyer send detailed bills describing the defense to the insurer or its outside auditor without the insured client's consent?
The committee concluded that defense counsel may not disclose confidential client information in detailed bills to the insurer or its outside auditor without the insured's informed consent, and that a…
Can a state child-support agency lawyer draft the basis for a parent's appeal of a support determination the agency obtained?
No. The committee concluded that a DSHS Division of Child Support lawyer's preparation of appellate documents for an aggrieved parent is a violation of RPC 1.7, and that under RPC 5.2 the lawyer must …
Can a lawyer retained and paid by a sales agent represent investors who may have claims against that same sales agent?
The committee concluded the fact pattern demonstrates the potential for non-waivable conflicts of interest under RPC 1.7 and 1.8, noted possible unfulfilled fee-agreement obligations under RPC 1.5, an…
Can a lawyer represent an injured plaintiff when the defendant is insured by an insurance company the lawyer's firm represents?
Not without satisfying the conflict rules. The committee concluded the lawyer is prohibited unless RPC 1.7(a), and possibly 1.7(b), is satisfied: the lawyer must believe the new case will not affect 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 former contract public defender become the city attorney in the same jurisdiction?
The committee concluded that as long as the attorney complies with RPC 1.9 and 1.8, the attorney may appropriately act as interim and full-time city attorney. It said the attorney's separate role as a…
Can a part-time deputy prosecutor also serve as a part-time municipal court judge in the same county?
The committee concluded that nothing in the Rules of Professional Conduct bars a county deputy prosecutor from also serving as a part-time judge in an unrelated jurisdiction. It assumed the municipal …
Can a lawyer run a side business selling mutual funds, annuities, and insurance while continuing to practice law?
The committee said it would be difficult. A lawyer is bound by the Rules of Professional Conduct in any enterprise, including selling investments, and faces a serious risk of material limitation from …
Is it a conflict of interest for a government lawyer to prepare legal documents for a party who was aggrieved by an order the same lawyer obtained?
Yes. The committee concluded that a government lawyer's preparation of appellate documents for a party aggrieved by orders the lawyer had obtained violates RPC 1.7, and that under RPC 5.2 the lawyer m…
Can a firm represent a lawyer who is opposing the firm's own client in an unrelated matter?
The committee concluded that a firm's representation of an attorney who is, personally or vicariously, representing a third party with interests directly adverse to the firm's defense client is possib…
Can a family-law lawyer also serve as counsel to a volunteer guardian ad litem program without a conflict?
The committee concluded that, given the lawyer's representation that the contract with the volunteer guardian ad litem program will preclude accepting private-practice matters involving the program or…
Does a firm's paralegal volunteering at a legal-services clinic create conflicts of interest for the firm's lawyers?
The committee concluded there is no general conflict between lawyers who employ volunteering paralegals and all clinic clients. A conflict could arise only between a lawyer and a party adverse to the …
Do conflicts from a law-clerk or intern job follow a lawyer after admission, and can screening cure them?
The committee concluded that conflicts from clerk or intern work can follow the person into practice: RPC 5.3 makes nonlawyers subject to the rules through the firm's lawyers, and once admitted the la…
Can a criminal defense firm hire a nonlawyer assistant who previously worked at the prosecutor's office?
The committee concluded that, in general, the firm is not disqualified from accepting cases involving the County Prosecutor's office. It directed the lawyer to RPC 1.10(b)(3) if information the assist…
Can a settlement agreement restrict the plaintiff's lawyer's right to practice or use of information in future cases?
The committee concluded that RPC 5.6(b) prohibits a settlement that restricts the plaintiff's attorney's right to practice, so the lawyer may not agree to represent the defendant or to forgo solicitin…
Can a lawyer accept a referral fee from an investment firm for sending clients to it?
The committee concluded that an arrangement paying the lawyer a fee based on referred clients' investments may violate several rules, including RPC 1.6, 1.7(b), 1.8(a), 1.8(f), 1.8(h), and 2.1, and sa…
Is there a conflict when a lawyer represents a city whose part-time mayor is an opposing lawyer in the lawyer's other cases?
The committee concluded it depends on whether the relationship adversely affects the lawyer's ability to represent both the city and the other clients. If it does not, there is no conflict under RPC 1…
Can a prosecutor bid on a public defender contract that begins after their term ends?
The committee concluded it is impermissible under RPC 1.7 for a prosecuting attorney to bid on a public defender contract, even one to take effect after the prosecutor's term of office has ended. It o…
Can a lawyer rent office space from a nonlawyer business owned by her spouse?
The committee concluded that the proposed arrangement of renting office space from the lawyer's husband's vocational rehabilitation firm satisfies RPC 1.6, 1.7, and 7.3, provided the lawyer takes the …
If someone calls wanting to hire you to sue an existing client, can you take the case or reveal what they told you?
The committee concluded that the lawyer is precluded by RPC 1.6(a) from disclosing the prospective client's paternity allegation, must decline to represent the prospective client in the paternity acti…
Can a part-time city prosecutor also represent private criminal defendants in the same court?
The committee concluded that a part-time city prosecutor who also represents private criminal clients in the same courts has a conflict of interest, directed the inquirer to Formal Opinion 161, and st…
Can a lawyer set up a nationwide internet law firm with members in every state under a trade name?
The committee concluded that specific portions of the proposed nationwide Internet law firm are not in compliance with the RPCs, flagging problems with the firm's trade name (RPC 7.5), members in ever…
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 a law firm convert its contingent-fee security interest in a client's real property into an ownership interest while the judgment is on appeal?
The committee concluded that the transaction may be undertaken without necessarily violating the rules, but the lawyer must comply with RPC 1.8(a) for each transaction and with RPC 1.5(c); RPC 1.8(j) …
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…
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 who sits on a hospital foundation board represent clients in matters involving that hospital?
The committee concluded that under RPC 1.7(b) the lawyer's foundation-board responsibilities may materially limit the representation by making the lawyer less aggressive, so RPC 1.7(b)(2) becomes mand…
When a lawyer turns down or refers a case because of a conflict and does no further work, can that lawyer still share in the contingent fee?
The committee concluded that RPC 1.5(e), together with RPC 1.8, does not allow a referring lawyer who has a conflict and will not continue to participate to share in the accepting lawyer's contingent …
If a criminal-defense investigator is married to a county forensic investigator working the same case, can the defense investigator work on it?
The committee concluded that, drawing on RPC 1.8(i) by analogy and reading it with RPC 1.7(b), the supervising lawyer must make reasonable efforts to keep the nonlawyer investigator off any case the i…
If a lawyer drafted a client's will, can that lawyer or the lawyer's firm later serve as the estate's personal representative and also act as its attorney?
The committee concluded that the Rules of Professional Conduct do not expressly prohibit a lawyer (or the lawyer's firm) who serves as an estate's personal representative from also acting as attorney …
Can a lawyer who set up nothing for an LLC represent the majority members and the LLC against a minority member?
The committee concluded that because the attorney had not been involved in creating the LLC and had not represented any of the members, RPC 1.7(a) and 1.9 do not prohibit representing the majority mem…
Can a lawyer put a clause in a fee agreement making it binding on the client's heirs?
The committee concluded that the proposed language making the fee agreement binding on the client's heirs is contrary to RPC 1.7(b), 1.8(a), and 1.8(j), and noted that a lawyer whose client dies durin…
How does a lawyer withdraw from representing a client who has acted against the interests of the lawyer's other clients?
The committee said the question is not within its scope because it is not a specific ethics inquiry, but noted in general that RPC 1.15(b)(3), 1.15(b)(4), and 1.15(d) apply to concluding the relations…
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…
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…
Can a part-time tribal court judge also represent litigants in that same tribal court?
The committee concluded RPC 1.12 does not prohibit a part-time tribal court judge, at trial or on appeal, from representing a litigant in the court in which the judge sat, so long as the matter is tot…
Can a lawyer for a nonprofit meet with potential donors about wills and charitable trusts benefiting the nonprofit?
The committee saw no impropriety under the RPCs where the lawyer would represent only the nonprofit, meet potential donors only in the presence of their separate counsel, and disclaim any representati…
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…
Does a criminal defense lawyer have a conflict of interest when the lawyer's domestic partner is a deputy prosecuting attorney?
The committee did not issue a fresh analysis; it concluded that its previous Opinions 1555 and 1574 provide the answer to the question of a criminal defense lawyer whose domestic partner is a deputy p…
Can a former deputy prosecutor handle a criminal defense appeal in a case that was pending in his old office, if he never worked on it personally?
The committee concluded there is no RPC violation as long as the lawyer complies with RPC 1.7(b); RPC 1.11(b) and 1.9(a) are not violated so long as the lawyer did not participate personally and subst…
Can a prosecutor who was formerly a public defender prosecute a former client, and is the whole office disqualified?
The committee concluded a lawyer cannot prosecute a former client if the matters are substantially related or confidences were revealed; a screened reassignment to another lawyer in the office usually…
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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.