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 criminal defense lawyer on leave of absence from a public defender agency accept assigned cases referred from that same agency?
The committee concluded the lawyer may take assigned cases from the public defender agency to the degree the cases are unrelated to the agency and there is no co-defendant or necessary witness present…
Is there a conflict of interest when the same prosecutor both prosecutes criminal charges and brings a related civil forfeiture proceeding?
The committee concluded there is no conflict of interest in the same lawyer bringing both the criminal prosecution and the civil forfeiture proceeding.
Can a full-time state-college faculty member represent private clients bringing civil claims against other state colleges or universities?
The committee concluded the faculty-member lawyer could undertake such representation only if able to comply with RPC 1.7(b), and pointed to ABA Informal Ethics Opinion 84-1508 as addressing the issue…
Does the lawyer-as-witness rule bar a prosecutor's office from trying a case in which another lawyer from that same office will be a necessary witness?
The committee concluded RPC 3.7's bar on a lawyer acting as advocate where another lawyer in the same firm is a necessary witness does not apply to a prosecuting attorney's office, because that office…
After leaving government, can a lawyer use public information about an expert witness that the lawyer learned on the government job?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from using public information about an expert witness that the lawyer learned while employed by a governmen…
Can a prosecutor handle matters in a court where his spouse serves as judge, and what steps avoid a conflict?
The committee concluded the proposed steps were appropriate: the prosecutor's practice involved only search-warrant approvals, and his spouse would not review any warrants he had approved, with no und…
Can lawyers in a firm sue the city when one of the firm's lawyers serves on that city's council?
The committee concluded RPC 1.7(b) applies, but it lacked the facts to decide whether the conflict could be waived under RPC 1.7(b)(2), and on the limited facts was skeptical that it could.
Can one Washington lawyer simultaneously serve in private practice, as a city attorney, as a coroner, and take indigent criminal appeals?
The committee concluded that holding all of those roles presents conflicts of interest and is allowed only if the lawyer can satisfy RPC 1.7(a), which it seriously doubted was possible under the circu…
Can a corporation's lawyer contact a government agency's regional administrator directly during a possible enforcement proceeding, or must it go through the agency's counsel?
The committee was of the opinion that RPC 4.2 authorizes contacting a government official even when represented by counsel where the contact is authorized by law, but the committee cannot opine on whe…
Can a city attorney privately represent an investor in an unrelated matter when that investor is also negotiating a development with the city?
The committee concluded that, as presented, there did not appear to be a clear violation of the conflict rules as long as there was full disclosure to all parties under RPC 1.7(b), and it expressly de…
Is a government law office, such as the Attorney General's Office, exempt from the rule restricting the employment of a disbarred lawyer as a paralegal?
The committee concluded that nothing in RLD 1.1(h) or Formal Opinion 184 excepts the Attorney General's Office from the requirements of that rule and opinion governing the employment of a disbarred la…
Can a U.S. Department of Justice trial attorney also serve as a judge pro tem in municipal court?
The committee concluded that neither the Rules of Professional Conduct nor the Code of Judicial Conduct prohibited a U.S. Department of Justice trial attorney from serving as a judge pro tem in munici…
Can a Special Assistant Attorney General who represents the state also represent private clients suing the same state agency?
The committee was of the opinion that RPC 1.7(a) requires the lawyer to obtain the consent of both the state and the client if the lawyer is concurrently representing the state and representing other …
Can a former agency law clerk bring a class action against that agency over a legal violation discovered while employed there?
The committee was of the opinion that the lawyer could not represent a class action against the former government employer over a violation discovered during the employment, because doing so would vio…
Can a legal-services agency let federal auditors review files that contain client confidences without client consent?
The committee was of the opinion that Formal Opinion 183 and RPC 1.6 prohibit the office from disclosing client confidences or secrets to its federal administrators during an audit without client cons…
Can a firm do criminal defense work in a district court covering a city where one of its lawyers sits on the city council?
The committee was of the opinion that this does not present a per se conflict precluding the firm from criminal defense work, but might raise a potential conflict in a particular case, to be dealt wit…
Can a government lawyer negotiate for a job with the affiliate of a company the lawyer has been investigating?
The committee was of the opinion that if the lawyer would continue to participate in the investigation, RPC 1.11(c)(2) bars negotiating employment with the bank or its lawyers; if there would be no fu…
Can a lawyer represent a state agency in third-party claims while also representing other clients who are adverse to that agency?
The committee was of the opinion that the lawyer could represent the agency so long as it was not directly adverse to another client under RPC 1.7(a); if interests were adverse, or if the lawyer took …
Can a former Assistant Attorney General sue a college he once advised, both on his own behalf and for other clients?
The committee was of the opinion that the lawyer could pursue his own contract claim because RPC 1.6 permits disclosing confidences as needed to establish a claim against a former client, and the othe…
Can a lawyer who once represented a public agency later appear before that agency for a private client in a related matter?
The committee was of the opinion that, on the facts presented and where the lawyer holds no confidential information beyond what came out in public hearings, there is no conflict under RPC 1.9 and 1.1…
Can a firm take court-appointed criminal defense cases when it also represents the county sheriff and one of its lawyers is married to a town prosecutor?
The committee was of the opinion that the arrangement complies with RPC 1.7 and is permissible where the firm discloses conflicts in open court, obtains client consent, and the court does not appoint …
What are a public defender's and the office supervisor's duties when caseloads grow too large to provide effective representation?
The committee was of the opinion that RPC 1.1, 1.3, and 6.2 require a lawyer not to accept case assignments that exceed the lawyer's ability to provide effective representation, and that under RPC 5.1…
May a part-time court commissioner who hears juvenile or family cases in Superior Court also practice in other areas before that same court?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a part-time commissioner from also practicing before the same court in other areas, provided the lawyer advises …
If a witness hired by a party makes ex parte contact with the opposing side's treating physician, does that violate the rules, and does Loudon v. Mhyre reach the agency?
The committee declined the legal question of whether Loudon v. Mhyre applies to the Department of Labor & Industries. It was of the opinion that if the witness who made ex parte contact with the treat…
If a lawyer serves as a part-time municipal judge, may the lawyer and the firm represent clients adverse to the municipality in matters outside the municipal court's jurisdiction?
The committee was of the opinion that RPC 1.11 and 1.12 are the applicable rules and that, on the facts presented, nothing in those rules prohibits the lawyer or the firm from representing clients adv…
Can a legal-services office let its funding agency examine original financial records that identify clients and the work done for them?
The opinion concluded that the client-identifying records the Legal Services Corporation sought are secrets under RPC 1.6 because their disclosure would be embarrassing or detrimental to the clients, …
When a public defender is appointed for a jailed client who is released after 72 hours with no charges filed, when does the representation end?
The committee was of the opinion that the attorney-client relationship begins on appointment and continues, with the lawyer bound by all the Rules of Professional Conduct, until the lawyer has withdra…
If a judge informally asks a public defender whether particular clients have been meeting with the lawyer, may the lawyer answer?
The committee was of the opinion that whether the lawyer's clients have been meeting with the lawyer is a client confidence or secret that RPC 1.6 bars disclosing without the client's consent or a cou…
Can opposing counsel contact a city's employees directly, or does the no-contact rule treat them as represented by the city's lawyer?
The committee concluded that nothing in the rules barred adverse counsel from communicating with city employees unless the employee was a speaking agent for the city on the matter, or there was an act…
If a lawyer joins the state legislature, can the lawyer keep representing a plaintiff in a lawsuit against the State?
The committee concluded that on becoming a legislator the lawyer had a duty under RPC 1.7 to advise the client of the potential limitations the political career posed and to assess whether that career…
Does a prosecutor violate the ethics rules by filing criminal charges that would breach the defendant's CrR 3.3 speedy-trial right?
By an 8-6 vote, the committee was of the opinion that, on the facts presented, filing a case that would violate a defendant's speedy-trial right under CrR 3.3 (a procedural, not constitutional, right)…
Can a lawyer who represents the receiver of an insolvent insurer also be appointed by the receiver to defend the insurer's individual insureds?
The committee was of the opinion that the lawyer has a conflict of interest, because the receiver's duty to maximize assets for all insureds conflicts with each insured's interest in prompt full payme…
Can a lawyer who sits on a public defender organization's board contract to represent clients the office can't take because of conflicts?
The committee was of the opinion that a lawyer may contract to represent clients the public defender office cannot represent due to conflicts, but the board member's participation in the office's deci…
If a firm partner takes a part-time public appointment but stays a partner, can his name remain in the firm name, and can he call himself 'of counsel'?
The committee was of the opinion that a partner who accepts an interstate-council appointment but continues to practice with the firm could keep his name in the firm name, but could not identify himse…
When a county prosecutor brings a paternity or child-support case for the State, can the same prosecutor also represent the mother, and what must the prosecutor tell her?
The committee declined to give yes-or-no answers to the hypotheticals and instead set out the analysis: the prosecutor's first client is the State (DSHS), a second attorney-client relationship with th…
Can a prosecutor offer to dismiss criminal charges in exchange for the defendant releasing civil claims against the government?
The committee adopted an informal opinion concluding that nothing in the Rules of Professional Conduct prohibits a prosecutor from seeking a release of civil liability in exchange for dismissing charg…
Is a judge's law clerk who worked on asbestos cases barred from later representing parties in other asbestos cases with the same defendants?
No. The committee concluded that RPC 1.12(a) disqualifies a former law clerk only from the same matter the clerk worked on, not from other cases involving parties who happened to appear in that matter…
Can a lawyer who left a federal agency join a firm that sues the agency, and can the firm screen the lawyer from cases he worked on?
Per the opinion, the lawyer may work on matters adverse to the former agency in which he had no involvement; for cases he participated in 'personally and substantially,' RPC 1.11 bars his involvement …
Can a firm keep a lawyer's name in the firm name when that lawyer also works full time as a government hearing officer?
The committee concluded that a lawyer who continues to practice with the firm between eight and twenty hours a week while employed full time as a hearing examiner would appear to be 'actively and regu…
Does a prosecutor's duty not to charge without probable cause line up with the statutory standard for filing a death-penalty notice?
The committee reached only a tentative opinion that the death-penalty notice standard in RCW 10.95.040 is the equivalent of RPC 3.8(a)'s requirement that a prosecutor refrain from prosecuting a charge…
Can a prosecutor have police interview a jailed represented defendant about another person's crimes without the defense lawyer's consent?
The committee concluded that such an interview about an unrelated matter would not violate RPC 4.2 unless the prosecutor, or an officer acting at the prosecutor's direction, led the defendant to belie…
What are a government agency lawyer's ethical duties when advising collection staff about debts that may be unenforceable or collection methods that may be unfair?
The committee adopted a memorandum concluding that the agency lawyer's duty under RPC 2.1 is to advise the client agency candidly about the facts and law, including unenforceability and offset rights,…
Can a lawyer sue the State when another lawyer in the same office previously served on a state commission dealing with a related subject?
Per the opinion, yes; the committee found no conflict or breach of confidences, and no RPC 1.11 violation, because of the narrow definition of 'matter' in RPC 1.11(d).
What may a prosecutor tell witnesses about being interviewed by defense counsel, and can the prosecutor insist on being present?
A prosecutor may not discourage witnesses from talking to the defense or condition a defense interview on the prosecutor's presence; doing so obstructs witness access in violation of RPC 3.4. The pros…
Can a city attorney serve on the board of a civic organization that is suing the city, without violating the conflict rules?
The committee concluded that, by analogy to RPC 6.3, a city attorney could serve on the board of a civic body adverse to the city in litigation if the attorney was isolated from any access to the case…
Can a prosecutor's office collecting child support represent two parents seeking support from the same parent when there may not be enough money for both?
By a 9-0 vote, the committee concluded that the prosecutor's office could represent both claimants only if it reasonably believed the joint representation would not adversely affect either client and …
If a lawyer and their spouse are on opposite sides of a case, one defending and one prosecuting, can both keep working on it?
When the two spouses are personally on opposite sides of the same case, DR 5-101 and RPC 1.8 require full disclosure to both clients and the clients' consent to continued representation; when only the…
Can a prosecuting attorney privately represent a defendant in a civil case arising out of the same accident the prosecutor charged the other party over?
The committee concluded that a prosecuting attorney was precluded from accepting private employment to defend a railroad in a civil damages suit brought by a truck driver the prosecutor had earlier pr…
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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.