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 law firm owe confidentiality to someone who submits case details through the firm's website, and can it still represent the opposing party?
The committee concluded that lawyers owe a duty of confidentiality to prospective clients even without the then-proposed RPC 1.18, so a firm that solicits information through its website and receives …
Does a lawyer who drafted a will have a conflict in representing one heir against another in a dispute over the estate?
The committee concluded that the lawyer who drafted the will does not necessarily have a conflict requiring withdrawal where the will's validity, the testator's competency, and confidential communicat…
Can a lawyer use a web-based payment service where client credit-card payments first land in the lawyer's account with the service before going to trust?
The committee concluded that funds belonging to the client must go into a trust account meeting RPC 1.14 and may not pass through the lawyer's account with the service, but that using the service to c…
Can a lawyer disclose that someone was a former client, and represent a new client adverse to that former client, when the former client won't consent?
The committee concluded the lawyer needs no consent to disclose the existence and subject of the prior representation, because a client's identity and the nature of the matter are usually not confiden…
If a settlement offer the client wants to accept requires the lawyer to waive statutory attorney's fees, what must the lawyer do?
The committee concluded the lawyer must promptly convey the offer and abide by the client's decision to accept or reject it, and must satisfy RPC 1.7 if the lawyer's own interest in the fees may mater…
Does a non-compete clause in a lawyer's employment agreement violate RPC 5.6 if it expressly carves out the practice of law?
The committee concluded that the non-compete clause did not violate RPC 5.6(a) because, by its own terms, it reached only post-employment activities not related to the practice of law: it stated that …
If a public defender must tell the court she doubts her client's competency, can she disclose the confidential conversations that prompted the concern?
The committee concluded that even assuming the lawyer must raise a competency concern with the court, RPC 1.6 still bars disclosing the attorney-client conversations that gave rise to it, to the court…
Can a lawyer arrange for a CPA to take over, or buy, the lawyer's tax-return practice if the lawyer becomes disabled or retires?
The committee said a lawyer cannot share fees with or form a partnership with the accountant, must avoid facilitating the unauthorized practice of law, and must get each client's informed consent befo…
How far back does a law firm have to check its former clients when running a conflict-of-interest check?
The committee said that under RPC 1.9 a conflict continues indefinitely once it arises, and under RPC 1.10 a firm must check for conflicts as far back as each of its attorneys has been in practice; th…
Can a contingent fee be calculated on both the client's recovery and the statutory attorney-fee award in a fee-shifting case?
The committee said that so long as the contingency fee agreement is reasonable, a fee structured on both the principal recovery and the statutory fee award does not appear to violate the RPCs, and the…
Can a lawyer refer injury clients to a chiropractor who waives report and testimony fees in return?
The committee said this limited, non-exclusive quid pro quo is not per se unethical, but the lawyer has a mandatory duty under RPC 1.4(b) to explain the arrangement to the client, including the cost s…
Can a retired judge now at a legal aid office represent a client who once appeared before him on the bench?
The committee said that if the retired judge had no personal and substantial participation, while on the bench, in the matter he now wishes to handle, representation does not appear to violate RPC 1.1…
Can a solo lawyer use her nickname as the name of her law firm, like 'XY Law Firm'?
The committee said using an attorney's nickname as a trade name is not ethically improper under RPC 7.1, 7.4, or 7.5, as long as the nickname does not create public confusion about the services provid…
Can a firm advertise under a short version of its name, like 'The Smith Law Firm,' when its real name is longer?
The committee said a firm may use an abbreviated designation such as 'The Smith Law Firm' in advertising, complying with RPC 7.5 and 7.1, as long as the short name is coupled directly with the full fi…
Can a lawyer draft a will for a family member that leaves substantial gifts to the lawyer or the lawyer's relatives?
The committee said RPC 1.8(c) bars a lawyer from preparing an instrument giving the lawyer or the lawyer's parent, child, sibling, or spouse a substantial gift unless the client is related to that rec…
Can a public defense agency give a county funder information from client files to verify billing or run a performance audit?
The committee said RPC 1.6 bars disclosing client confidences or secrets to a funding authority, and a lawyer cannot have the client waive that protection, but the rule does not preclude submitting ti…
Can a lawyer take client referrals from a mortgage lender and act like the client's loan broker in exchange for cross-referrals?
The committee said the arrangement might violate RPC 7.2(c) because a reciprocal referral deal with a nonlawyer lender would be giving something of value for referrals, and it might also implicate RPC…
Can one lawyer serve as in-house counsel for several unrelated corporations at the same time?
The committee said yes: a lawyer may serve as in-house counsel for more than one unrelated corporation, treating each as a separate client, so long as no corporation profits by 'renting out' the lawye…
Can a family-law attorney serve both sides as a neutral 'settlement lawyer' or intermediary to help pro se parties reach a resolution?
The committee said a lawyer acting as a true intermediary does not appear to violate RPC 2.2 if she strictly follows that rule: she must tell both parties she is acting only as an intermediary, advise…
After a name change from divorce, can a lawyer keep using her prior name professionally and in the firm name while using a different name personally?
The committee said a lawyer who takes a new name on a change of marital status is not prohibited from continuing to use her prior name in her professional capacity, including in the firm name, as long…
Can a lawyer be disciplined for committing a crime, like illegally re-importing prescription drugs, that has nothing to do with practicing law?
The committee said re-importing prescription drugs from Canada violates federal law, but a criminal act violates RPC 8.4(b) only if it reflects adversely on the lawyer's honesty, trustworthiness, or f…
Can a firm represent a new client against a former client when the new matter involves a different property and unrelated facts?
The committee said RPC 1.9 did not bar the representation, because the former construction-defect matter and the new encroachment claim were not the same or substantially related. The firm remained ba…
Can a lawyer sign a newspaper contract committing to a volume of legal advertising in exchange for lower rates or free firm advertising?
The committee said both a volume-commitment discount and a 'value added' free-advertising program implicate RPC 1.7(b) and 1.8(a), because the lawyer's pecuniary interest in placing legal notices can …
Does a prosecutor have to disclose a romantic relationship with a law enforcement officer who may be a witness in the prosecutor's cases?
The committee said disclosure is not required while the officer is not involved in any of the prosecutor's cases, but once the officer may be an arresting or investigating witness, the prosecutor must…
Can a Washington lawyer cite an unpublished Court of Appeals opinion to a trial court as precedential authority?
The committee said citing an unpublished opinion does not appear to be a per se violation of the Rules of Professional Conduct, but such citations should be made only after considering RPC 3.1 (merito…
Can a law firm put a link on its website to an independent lawyer-rating company's ratings of the firm?
The committee said a link to an independent lawyer-rating company's ratings does not appear to violate RPC 7.1, as long as the ratings are not false or misleading and the lawyer ensures all website co…
Can a lawyer go in-house at a marketing company and be paid a salary plus company shares to serve the company's customers?
The committee said no. Being paid a salary plus shares (or share options) by a marketing company to provide legal services to that company's customers would share the lawyer's fees with a nonlawyer in…
Can a lawyer with a religious objection to interest-bearing accounts hold client funds in a non-interest-bearing account instead?
The committee said no. RPC 1.14 contains no exception for lawyers with a religious objection to using interest-bearing accounts, so a lawyer may not place client funds in a non-interest-bearing accoun…
Can a lawyer assert an attorney's lien on bail money the client's father posted?
The committee said it does not decide whether an attorney's lien may properly be asserted against the bail funds, because it does not opine on questions of law. It did say that the false assertion of …
Are advance (blanket) conflict-waiver clauses in a fee agreement effective in Washington?
The committee said the Board of Governors has taken no position on promulgating an advance-waiver form, and it offered no opinion on what to include in a fee agreement. On the merits it said an advanc…
Can a lawyer accept regular client referrals from a financial-services company without sharing fees with it?
The committee said yes. Accepting frequent estate-planning referrals from a financial-services company that is an occasional client does not by itself violate RPC 1.4(b) or 1.7(b) where there is no fe…
Can a prosecutor's office keep employing a lawyer who is being suspended or disbarred, even in a non-lawyer position?
The committee said no. RPC 5.5(d) prohibits a lawyer from maintaining a law office shared with, or practicing under any compensation arrangement or in cooperation with, a person who is disbarred, susp…
Can a lawyer advertise that they serve as a 'Judge Pro Tem'?
The committee said yes, as long as the 'Judge Pro Tem' designation is accurate. Using an accurate 'Judge Pro Tem' title in advertising does not violate the Rules of Professional Conduct, and the adver…
Can an estate-planning law firm set up a separate company to sell investment products to its own clients?
The committee said that on the facts presented the arrangement would be prohibited. A firm could establish a separate investment-advisory business only by fully complying with RPC 1.5, 1.6, 1.7, 1.8, …
After serving as an elected mayor, when can a lawyer represent clients in matters involving the same municipality?
The committee said RPC 1.11 governs. Under 1.11(a) the lawyer is disqualified (absent the government employer's consent) from a matter in which the lawyer participated personally and substantially whi…
Can a lawyer own and run an escrow business alongside a law practice?
The committee said yes. A lawyer may provide non-legal services, such as operating an escrow business, in the course of a law practice, but those services remain subject to the Rules of Professional C…
Can a lawyer join a commercial networking group that requires members to give each other referrals?
The committee declined to reconsider Informal Opinion 1975 and reaffirmed that joining a commercial networking organization with mandatory referral requirements violates RPC 7.2, because requiring mem…
Can a law firm put a membership organization's logo on its letterhead?
The committee said yes. A firm may use a membership organization's logo on its letterhead as long as the use is truthful and not misleading; RPC 7.1 bars false or misleading communications and RPC 7.2…
Are non-refundable fees subject to the reasonableness requirement, and when is reasonableness measured?
The committee concluded that non-refundable fees are subject to both the reasonableness requirement of RPC 1.5 and the refund requirements of the termination rule (then RPC 1.15, now RPC 1.16). Reason…
Can a lawyer who used to defend insurance companies later sue those same insurers for plaintiffs?
The committee said yes, as long as the new matters are not the same as or substantially related to the prior insurance-defense work and no confidences or secrets of the former client will be used agai…
Can one lawyer represent two people injured in the same accident when one of them may be partly at fault?
The committee said no. Because the motorcycle driver and the passenger had potentially adverse interests (the driver's likely comparative negligence), representing both created a conflict under RPC 1.…
Can a lawyer charge the client a percentage markup on a subcontractor's bill for managing that subcontractor?
The committee said yes: a lawyer may charge a fully informed client a 10 percent surcharge on a subcontractor's (here an actuary's) billing in payment for monitoring the subcontractor, as long as the …
Can a phone call with someone who does not hire you create a conflict that blocks you from later representing the other side?
The committee said RPC 1.9 applies only if an attorney-client relationship existed, which depends on whether the prospective client subjectively believed one existed and whether that belief was object…
Can a claimant's lawyer directly contact the insured tortfeasor before the insurer appoints defense counsel?
The committee said a claimant's lawyer may in many circumstances contact an alleged tortfeasor as an unrepresented party, but RPC 4.2 calls for the highest caution where the tortfeasor is insured and …
Can a lawyer financially support a nonprofit in exchange for being acknowledged to its members as having 'demonstrated competence'?
The committee concluded that the proposed relationship, in which a lawyer financially supports a nonprofit and in return uses its logo and is acknowledged to members as meeting the organization's 'dem…
After a client dies, who can waive the attorney-client privilege and can the lawyer charge to handle the file?
The committee said the duty to protect a client's confidences under RPC 1.6 survives the client's death, so absent a valid waiver or a court order the lawyer should assert the privilege against third-…
Can a law firm use a trade-style name like '[Word] Law Group' that does not include any lawyer's name?
The committee said using a name such as '[Noun] Law Group, PLLC' does not violate RPC 7.1, 7.4, or 7.5(a), provided there is actually a group of lawyers in the firm.
Can a lawyer pay a nonprofit organization to be put on its referral list and use its seal in advertising?
The committee concluded that a pay-to-be-referred arrangement, in which a nonprofit organization refers its members to lawyers who make financial contributions and lets them use its seal, is improper,…
Can a lawyer represent a new client against a former client in a matter related to the earlier work, when the old file is gone?
The committee concluded that representing an adjoining landowner in an easement-reformation dispute, after a one-time 1996 consultation for a party on the purchase of the same property, involves the s…
Can a public defender agency hand over client confidences to the county as part of a contract audit, even if the auditor is a lawyer?
The committee concluded that a public defense agency representing indigent clients cannot disclose client confidences and secrets for a county program audit, because the audit is not done to carry out…
Can one law firm provide both the city attorney and the municipal court judge to the same city?
On the facts presented, with the city attorney walled off from the municipal court's civil functioning, not appearing before or advising the municipal judge, and the city consenting in writing, the co…
Can a lawyer charge a contingent fee to fight an administrative driver's-license suspension in a DUI case?
The committee said yes: a lawyer may charge a reasonable contingent fee for representing a client in a civil administrative driver's-license suspension or revocation proceeding, because it is not a cr…
After a court decision could overturn a former client's conviction, does the lawyer who handled the case have a duty to go back and advise the client?
The committee said that once the representation has ended, the convicted person is a former client, and absent an ongoing relationship or a reasonable basis for the client to believe the relationship …
Can a defense lawyer's legal assistant call the opposing party's doctor to ask how medical records will be produced?
The committee declined to decide whether a defense lawyer's legal assistant may telephone a health care provider, while obtaining records under RCW 70.02.060, to ask whether records will come by mail …
Can a lawyer produce and sell fill-in-the-blank eviction forms with an informational brochure to the public?
The committee said producing and selling legal forms for securing evictions under the Residential Landlord-Tenant Act, along with an informational brochure, is authorized whether or not it amounts to …
If a lawyer is also a real estate agent, can the lawyer refer legal clients to the lawyer's own real estate office using a standard disclosure-and-consent form?
The committee concluded the proposed disclosure-and-authorization form did not satisfy the rules. Referring legal clients to a real estate office the lawyer is associated with raises serious conflicts…
Can a non-profit law firm charge a flat non-refundable fee for incidental file-opening costs and deposit it in its regular account instead of its trust account?
The committee said yes. A non-profit firm that charges a $100 non-refundable fee for the incidental costs of opening a file may place that fee in its regular account when it is received, rather than h…
Can a law firm destroy the paper version of a closed client file and keep only an identical electronic copy?
The committee said a file-retention policy that returns original documents from administratively closed files to the client and converts the remaining documents to electronic format complies with the …
Can a lawyer send a subpoena for records before any lawsuit has been filed?
The committee said that issuing a subpoena before any action is commenced (no cause number, no case filed) that suggests it has the force of law when it does not may violate RPC 3.4 (a frivolous disco…
Is the WSBA's old opinion on electioneering by deputy prosecuting attorneys still good guidance, or has a statute superseded it?
The committee concluded that Formal Opinion 102, which had addressed electioneering by deputy prosecuting attorneys, is no longer accurate given the requirements of RCW 42.17.130, and recommended that…
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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.