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 fee agreement say the lawyer is automatically relieved of representation and may withdraw if the client does not pay?
The committee concluded the proposed fee-agreement language contemplates withdrawal in violation of RPC 1.15, 1.5, and 8.4 and does not comport with the rules.
How are attorney's fees for workers' compensation representation regulated, and will the ethics committee opine on a proposed fee structure?
The committee concluded that attorney's fees in the industrial-insurance area are governed by statute (RCW 51.52.120 et seq.) and are a question of law it cannot resolve, opining only that lawyer's fe…
Can a legal-services agency require a client to waive statutory attorney-fee claims as a condition of representation?
The committee concluded a legal-services agency may condition representation on waiving state or federal fee claims only if, in the lawyer's reasonable opinion, the waiver will not preclude competent …
Can a plaintiff's lawyer sign a hold-harmless agreement, as a settlement condition, that pledges the lawyer's credit to repay the client's non-litigation expenses?
The committee concluded it is a violation of RPC 1.8(e) for an attorney to sign a hold-harmless agreement that pledges the attorney's credit to repay the client's non-litigation expenses, and that the…
Can a Washington lawyer put a clause in a fee agreement letting the lawyer stop all work if the client falls 30 days behind on fees?
The committee concluded the clause does not meet the minimum standards of the Rules of Professional Conduct; stopping work without a proper withdrawal violates RPC 1.3 and 1.15, and any withdrawal mus…
Can a Washington lawyer give a fixed percentage of a gross fee directly to a charity?
The committee concluded that RPC 5.4(a) prohibits a lawyer from allocating 15% of a gross fee directly to a charitable organization.
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 lend a client money to fund a settlement, or arrange for a friend to make that loan?
The committee concluded that lending a client money to fund a settlement violates RPC 1.8(e) and 1.8(j) and cannot be waived; arranging for a friend to make the loan is not an RPC 1.8(e) conflict but …
Can a law firm advance litigation expenses for an indigent or pro bono client?
The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients, and that a firm may advance payment of litigation expenses on the condition that the client remains …
Can a contingent fee contract set the fee on discharge by reference to the last settlement offer if the client hires new contingent-fee counsel?
The committee was of the opinion that the proposed clause tying the discharged lawyer's fee to one-third of the last bona fide settlement offer, contingent on whether the client retains other continge…
Can a lawyer push a current client into ADR or sue the client over an unpaid fee, and must contact go through the client's lawyer?
The committee concluded that nothing bars trying to persuade a client to use ADR, but under RPC 4.2 the lawyer must communicate through the client's attorney, not directly; legal action against the cl…
Can a lawyer sue a client for unpaid fees and costs, including by cross-claim if an expert sues the firm?
The committee concluded that under the Rules of Professional Conduct a lawyer may sue a client for payment of legal fees or expenses and costs incurred on the client's behalf, either by an initial act…
Can a Washington lawyer put a binding arbitration provision in a fee agreement with a client?
The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement, but the provision must be consistent with the lawyer's fiduciary obligation…
What does a lawyer do with settlement money in trust when the client refuses to cash the check?
The committee concluded that the lawyer must resolve any dispute over the retained fee (replenishing the trust account for the disputed amount), must withdraw the improper malpractice-release conditio…
Can a lawyer price the sale of a law practice as a percentage of transferred clients' fees, or sell the practice gradually over time?
The committee determined that basing the sale price of a law practice on a percentage of the gross fees from transferred clients violates RPC 1.5(e), though an annual adjustment based on gross receipt…
Can a law firm share fees with a lawyer who was later disbarred, including on contingent-fee cases?
The committee was of the opinion that anything legally earned by the disbarred lawyer before the date of suspension or disbarment, whichever came first, could properly be distributed, and that on cont…
Can a lawyer collect on claims owned by a collection-agency client without running into the rule against fee splitting?
The committee was of the opinion that as long as it is clear the lawyer is collecting on claims owned by the client and the fee agreement complies with RPC 1.5, there is no fee-splitting problem and t…
Can a lawyer representing buyers in real estate deals be paid through real estate broker fees?
Based on the facts presented, the committee could find no violation of the Rules of Professional Conduct in the lawyer's proposed representation, while declining to opine on whether the lawyer needed …
Can a fee agreement tell the client the lawyer has the right to withdraw from the case at any time?
The committee was of the opinion that a clause stating the lawyer has the right to withdraw could be misleading and may not comply with RPC 1.15, because withdrawal may be subject to relevant law or c…
Can a lawyer offer to represent someone for free at first and then ask for a retainer the next day?
The committee was of the opinion that, depending on the circumstances, the conduct may be permissible, but it is prohibited by RPC 7.3(a) if motivated by pecuniary gain, representation may be barred b…
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 add Washington's business and occupation (B&O) tax to a client's bill as part of the fee?
The committee was of the opinion that a lawyer is prohibited from charging the B&O tax as part of the fee, because it is not a sales tax and presenting it that way would be misleading.
Can a contingent-fee agreement charge a higher fee if the client turns down a settlement the lawyer considers reasonable?
The committee concluded that a contingent-fee contract may not base the fee on the larger of the trial or arbitration recovery or a rejected settlement offer when the client declines a settlement the …
Can a non-client who paid a retainer for a client's benefit get back the unused portion of that retainer?
The committee was of the opinion that the non-client payor is entitled to a refund of the unused retainer, because the trust funds remain the payor's property until earned by the lawyer and the facts …
Can a contingent-fee agreement set the fee on the greater of the trial recovery or a settlement offer the client rejected against the firm's advice?
The committee was of the opinion that the proposed provision, basing the fee on the greater of the trial recovery or a settlement the client rejected against the firm's advice, infringes RPC 1.2(a), w…
Who owns court-awarded attorney fees when the lawyer is employed by a nonprofit, and can they be deposited into the nonprofit's general account?
The committee was of the opinion that attorney fee awards belong to the client, not the attorney, unless the attorney and the client mutually agree otherwise.
Can a lawyer's fee agreement say the files belong to the firm, bar the client from settling without the firm's approval, and let the firm withdraw at its discretion?
The committee was of the opinion that the revised legal services agreement violated the Rules of Professional Conduct throughout, specifically faulting the provisions that the files belong to the firm…
Can a lawyer who represents inventors take a royalty interest or a share of profits as a fee, and what conflicts arise if the lawyer also represents the manufacturers the inventors deal with?
The committee concluded that taking a royalty or profit share as a fee is a business transaction with the client governed by RPC 1.8, that the lawyer's own interests may conflict with the client's und…
Can a lawyer advance a client's litigation costs to pay for a medical examination or for medical treatment?
The committee agreed RPC 1.8(e) is the governing rule, and noted that advancing costs for an examination would be permitted while advancing costs for treatment would be prohibited, but said it could n…
When may a lawyer advance funds to a client or make a gift to a client, and may a lawyer argue that a witness is not credible?
As summarized, the committee concluded a lawyer may advance funds to a client when no litigation is pending or contemplated, may make a gift to a client during litigation, and may argue that a witness…
Can a contingent fee agreement pay the greater of a percentage or a flat fee, and can it bar the client from settling unless the settlement covers attorney's fees?
The committee concluded a greater-of percentage-or-flat-fee contingent provision is permissible, but a clause barring the client from settling unless the settlement included a reasonable fee might be …
Can a lawyer withdraw from prosecuting a client's appeal when the lawyer believes the appeal is imprudent, and can a fee contract bar the client from settling?
The committee concluded a lawyer may withdraw from an appeal under RPC 1.15(b)(3) if the lawyer honestly and reasonably believes prosecuting it is imprudent, but a contract clause requiring counsel's …
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.
If a lawyer is hired by a nonprofit to give its members basic legal advice, can the lawyer take on related matters for those members for a fee?
The committee concluded that nothing in the rules would prohibit the lawyer from undertaking such fee-paid representation of the members on related matters, provided the lawyer otherwise complied with…
How must a lawyer handle the advance and collection of litigation costs in a Longshore and Harbor Workers' Compensation Act case?
The committee concluded the lawyer must comply with RPC 1.8(e) on advanced costs, and that how those costs are collected must conform to the governing statute, an interpretation question the committee…
Can a retainer agreement let a legal services center negotiate the merits of a claim separately from attorney fees?
The committee concluded the agreement complied with RPC 1.2, because the rule permits limiting the objectives of the representation as long as the lawyer abides by the client's decision whether to acc…
Can a Washington lawyer charge a contingent fee in a post-dissolution proceeding?
The committee concluded the rule barring contingent fees in domestic relations matters did not prevent a contingent fee in a post-dissolution matter, unless the fee was based on negotiating or litigat…
Can a lawyer take a contingent fee to appeal a divorce when the only issue is the division of community property?
The committee was of the opinion that, on the narrow facts (the dissolution already secured and the appeal not involving a property settlement in lieu of support), RPC 1.5(d) would not prohibit handli…
Can a lawyer simply forgive a client's debt for costs the lawyer advanced?
The committee was of the opinion that under RPC 1.8(e) a client remains ultimately liable for costs advanced, so a lawyer could not 'forgive' that debt, though the lawyer has no affirmative duty to co…
If a lawyer personally guarantees an arbitrator's fee and the client then refuses to pay, is the lawyer still on the hook?
The committee was of the opinion that if the lawyer guaranteed to pay the funds to the arbitrator, the lawyer is obligated to pay, even after the client instructed the lawyer not to.
Can a lawyer advertise 'Save up to 1/3 on attorney's fees'?
The committee was of the opinion that an advertisement reading 'Save up to 1/3 on attorney's fees' is inherently misleading, because there is no standard 'attorney's fees' against which such savings c…
Must a contingent fee agreement state that the lawyer offered the client the option of paying an hourly rate?
The committee was of the opinion that nothing in the Rules of Professional Conduct imposes a duty to recite in a contingent fee agreement that the client had been offered an hourly rate.
Can a lawyer apply client property already in the lawyer's possession toward unpaid fees?
The committee declined to opine, saying whether the property is something the client is entitled to receive under RPC 1.14(b)(4) is a legal question the committee cannot answer.
Can a Washington lawyer charge a nonrefundable retainer?
The committee was of the opinion that nonrefundable retainers are not per se unethical, but like any legal fee they must comply with RPC 1.5.
Does the business-transaction-with-a-client rule, RPC 1.8(a), govern negotiating a new fee agreement with an existing client for a different matter?
The committee was unanimously of the opinion that RPC 1.8(a) does not apply to attorney-client fee agreements.
If a law firm finds an overbalance in its trust account that may be unwithdrawn earned fees, can it simply take the money, and who pays to prove the fees were earned?
The committee was of the opinion that before taking trust-account funds as earned fees, the firm bears the burden of demonstrating its right to claim ownership, and that any auditing or accounting cos…
May a law firm report a client's delinquent account to a credit reporting bureau?
The committee was of the opinion that a delinquent client account is a confidence or secret that cannot be reported to a credit bureau except in compliance with RPC 1.6(a); doing so would also violate…
May a lawyer charge a contingent fee to defend a client against a non-criminal traffic infraction?
The committee unanimously agreed that a contingent fee could be charged to defend a non-criminal traffic infraction, because such proceedings are not criminal cases and so fall outside the rule's bar …
Is it fee-splitting with a nonlawyer for a salaried lawyer to keep court-awarded fees but rebate to the employer the salary paid for that case?
The committee concluded that this arrangement was not a splitting of fees with a nonlawyer, and that so long as the fees otherwise complied with RPC 1.5(a) there was nothing ethically improper about i…
Can a firm buy the law practice of a part-time municipal judge becoming full-time, and must the firm disclose that deal to opposing counsel?
The committee concluded the firm could enter the arrangement to buy the practice, that RPC 8.4(d) required disclosing it to opposing counsel where non-disclosure would be prejudicial, and that paying …
May a law firm's buy-out agreement pay a withdrawing shareholder a percentage of fees on the firm's cases?
The committee concluded a buy-out may pay a percentage fee tied to the proportion of work the withdrawing shareholder did on each case, but a blanket percentage of every case would violate RPC 1.5(e).
Can a lawyer agree with a group of clients that the group is responsible for litigation costs, even though only some members will actually pay?
The committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation, with the understanding that only certa…
When a lawyer leaves a firm with a contingent-fee client, may the lawyer pay the old firm the fees the client owed it?
The committee was of the opinion that the lawyer's payment of the fees owed to the former firm would resolve the question of sharing fees between the lawyer and the former firm and so would not be pro…
Can a lawyer take a contingent fee paid from the proceeds of selling material excavated under a permit the lawyer obtained for the client?
The committee was of the opinion that such a contingent fee does not violate RPC 1.8(j) and creates no conflict because the lawyer's interest is only an added incentive to win a good result; but if th…
Can a lawyer be paid for legal work by receiving stock in the client corporation?
Asked about a fee agreement compensating the lawyer with stock in the client's corporation, the committee was of the opinion that a published Bar News article (August 1987, by committee member Dale Ra…
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…
When a lawyer leaves a firm but keeps a contingent-fee client, can the firm and the lawyer divide the fee by hours worked?
Yes. The committee was of the opinion that where a firm was hired on a contingent fee and the lead counsel left but continued to represent the client, the firm and the lawyer could agree to divide the…
Can a lawyer take a promissory note secured by a deed of trust for unpaid attorney fees?
The committee concluded that taking a promissory note for the balance of undisputed attorney fees, secured by deeds of trust, must comply with the business-transaction requirements of RPC 1.8(a). It p…
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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.