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 Washington lawyer publish a newspaper column that provides general legal information to the public?
The committee concluded that a general legal-information advertising column is permissible if it complies with the relevant portions of Title 7 of the Rules of Professional Conduct.
Can a lawyer use the word 'expert' in advertising?
The committee concluded that using the word 'expert' in lawyer advertising would violate RPC 7.4 because it would imply that the lawyer was a 'specialist.'
Can a Washington lawyer hand out written advertisements at someone else's living trust seminar to solicit attendance at the lawyer's own workshop?
The committee concluded that nothing in the rules prevented handing out the written advertisement at a seminar, but that the proposed materials would be misleading or deceptive in many respects, inclu…
Can a lawyer advertise and run living trust workshops when the advertisement's information is misleading?
The committee was of the opinion that the information in the proposed advertisement is misleading, so advertising and conducting such living trust workshops would be misleading and in violation of RPC…
Can a lawyer list past verdicts obtained in a yellow pages advertisement?
The committee was of the opinion that advertising statements about verdicts obtained, even if true, are likely to create an unjustified expectation about results the lawyer can achieve in future cases…
Can a professional service corporation advertise under a short firm name without showing 'Inc.' or 'P.S.'?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits using a firm name without indicating incorporation, though it could not advise on compliance with the relev…
Can a lawyer in a business partnership with a nonlawyer (a divorce mediation business) sign as a lawyer or put 'lawyer' on the business's cards?
The committee was of the opinion that RPC 5.4(d) prohibits a lawyer from identifying as a lawyer in any business partnership with a nonlawyer, and that such a partnership must be kept entirely indepen…
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…
Can a lawyer run a hypnotherapy practice alongside a law practice?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits running a hypnotherapy practice with a law practice, while cautioning about separate fee schedules, cross-r…
Can two law firms describe themselves on their letterhead as 'affiliated with' each other?
The committee was of the opinion that such letterhead must comply with RPC 7.5(d), and it was not clear to the committee that the proposed 'affiliated with' letterhead would do so.
Can a lawyer associated with a firm be described as a 'consultant' on the firm's business cards?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit using the term 'consultant' on a business card to describe a Washington lawyer associated with the fir…
Could a Washington lawyer advertise as a 'specialist' in 1990, given the Supreme Court's Peel decision?
The committee advised that, at the time of the letter, RPC 7.4 continued to prohibit using the term 'specialist' in lawyer advertising or solicitation, while noting that the rule might be of questiona…
May a lawyer advertise legal services on public buses?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit advertising legal services on public buses.
May a law firm join a referral arrangement where a corporation collects monthly fees from members and refers them to the firm for a free half-hour and a 10% discount?
The committee, with one dissent, was of the opinion that the proposal would violate RPC 7.2(c) because the lawyer being part of the package the corporation sold constituted something of value given to…
May a firm's lawyer who is licensed only in Texas use letterhead stating 'Board Certified - Family Law -- Texas Board of Legal Specialization'?
The committee was of the opinion that using such letterhead would be prohibited by RPC 7.4, which bars a Washington lawyer from stating or implying that the lawyer is a specialist.
May a lawyer be identified as 'international counsel,' and does the arrangement with an out-of-state-admitted lawyer raise unauthorized-practice concerns?
The committee was of the opinion that identifying a lawyer as 'international counsel' would violate RPC 7.4 because it would imply the lawyer was a specialist; it raised but rendered no opinion on whe…
May a lawyer provide 'free' legal services to a real estate broker in exchange for the broker's client referrals?
The committee was of the opinion that if the legal services were provided on a quid pro quo basis in exchange for the referrals, it would violate RPC 7.2(c), but if they were not provided on that basi…
Is a brochure used for direct-mail solicitation proper, and what record must a lawyer keep of the mailing?
The committee found nothing improper in the proposed direct-mail brochure but rendered no opinion on its specific content beyond requiring it to comply with RPC 7.1, and it reminded the lawyer that RP…
How can two solo practitioners who share an office answer a shared phone line without implying they are a partnership?
The committee concluded that answering 'Law offices of A and B' would be misleading under RPC 7.1 because it implies a partnership, but that forms like 'Law Office of A and Law Office of B,' 'Law Offi…
May a lawyer participate in a group marketing program run by an outside advertising firm?
The committee concluded that a lawyer may participate, so long as the information the marketing service provides is not misleading or deceptive and the participating lawyers are identified by name.
Can a firm that is the provider attorney for a group legal benefit plan let independent sales associates use the firm brochure to recruit plan members?
The committee was of the opinion that so long as the information in the brochure complies with RPC 7.1 (not false or misleading), nothing in the rules prohibits the proposed solicitation through an in…
Can a lawyer pay to produce an informational audio tape for a company's pay-per-call phone line, where the company keeps all the caller fees?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from participating, because the lawyer pays only the actual production costs of the tape and nothi…
Can a Washington lawyer solicit clients by mail using a commercial mailing list, and place an offer of services inside another company's mass mailer?
The committee was of the opinion that a lawyer may solicit by mail a prospective client with no family or prior professional relationship, may use a commercial mass mailing list, and may place a descr…
If a lawyer runs a legal research and writing business serving only law firms, do the fee-splitting, third-party-payment, and conflict rules apply?
The committee was of the opinion that a lawyer whose only clients are law firms is not subject to the division-of-fees rule (RPC 1.5(e)) or the third-party-compensation rule (RPC 1.8(f)); need not dis…
Can a Washington lawyer use targeted direct mail to solicit clients?
The committee noted that while the inquiry was pending, the U.S. Supreme Court held in Shapero v. Kentucky Bar Association that targeted direct mail is constitutionally protected, and the Washington S…
Can a law firm put a lawyer-association's logo on its letterhead?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a firm from displaying a lawyer-association logo on its letterhead, provided that neither its use nor …
Can a law firm place an informational brochure with its name on it in a doctor's waiting room?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a firm from preparing an informational brochure on patients' rights and responsibilities after an auto…
Can a lawyer give an escrow company payment books printed with the firm's name and contact information for free distribution?
The committee was of the opinion that nothing in the Rules of Professional Conduct, specifically RPC 7.3, would prohibit a lawyer from placing with a client escrow company, for free distribution, paym…
Can a lawyer run ads featuring 'satisfied client' testimonials that are not from the lawyer's actual clients?
The committee was of the opinion that running ads with 'satisfied client' statements that do not feature actual clients would be false and misleading, unless the ad featured a real client who voluntee…
Can a lawyer advertise as a 'personal injury expert'?
The committee was of the opinion that the Rules of Professional Conduct do not expressly prohibit the term 'expert' and that its use is not per se improper; the only question is whether using the term…
Can a law firm include in its firm name the name of a lawyer who is not a partner of the firm?
No. The committee was of the opinion that RPC 7.5(d) prohibits including a non-partner lawyer's name in the firm name, because it implies that those lawyers practice in a partnership when that is not …
Does a contingent-fee ad promising no fee if nothing is recovered, but not mentioning the client's liability for costs, violate the advertising rules?
Yes. The committee was of the opinion that such an ad is false and misleading under RPC 7.1 because it omits a fact, the client's obligation to pay litigation costs regardless of outcome, that is nece…
Can a law firm use the word 'Courthouse' in its address or the name of its office building?
Yes. The committee concluded that nothing in the Rules of Professional Conduct would prohibit a firm from using the word 'Courthouse' in its address or the name of its office building.
Can a lawyer donate prepaid legal-service certificates to a public radio station to give as premiums to donors?
Yes, with conditions. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited donating certificates for an hour of prepaid legal services as station premiums, so …
Can a lawyer put 'Ph.D.' on business cards, letterhead, and telephone book advertisements?
Yes, if accurate. The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from adding 'Ph.D.' to business cards, letterhead, or telephone book advert…
Can a lawyer contact real estate brokers and agents to describe his services and ask for closing referrals?
Yes. The committee was of the opinion that RPC 7.3 would not prohibit a lawyer from contacting real estate brokers and agents to advise them of the legal services the lawyer performs and to seek closi…
Can a Washington lawyer join a private lawyer referral service whose non-lawyer staff screen calls and refer callers to lawyers?
Yes. On reconsideration the committee concluded that screening calls and referring lawyers' names is not the practice of law, so the rules do not require a lawyer to perform that screening, and the pr…
Can a law firm join a trade group and mail letters offering legal services to people on the group's mailing list whom the firm has never met?
Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibited a firm from joining a trade group and sending letters to people on its mailing lists whom the firm ha…
Does a group advertising program that names participating attorneys and lists a phone line comply with the lawyer advertising rules?
The committee was of the opinion that the proposed advertisements, naming all participating attorneys as broadcast, appear to comply with RPC 7.2(c). Because it could not know what is said to consumer…
Can a firm list lawyers who are inactive in other states on its letterhead?
The committee was of the opinion that, because RPC 7.1 prohibits misleading communications about lawyers, a firm that wishes to list lawyers who are inactive in other states must identify their specif…
Can a law firm keep using a former partner's name in the firm name after he leaves to start his own practice?
No. The committee was of the opinion that the firm could not continue to use the name of a former partner who is no longer associated with the firm but is otherwise in the practice of law, because doi…
Can a lawyer form a partnership with a nonlawyer to run a child-custody evaluation business?
Yes. The committee was of the opinion that a custody evaluation business does not constitute the practice of law, so a lawyer forming such a partnership with a nonlawyer would not violate RPC 5.4(b); …
Can a lawyer use 'and associates' in a firm name when the other lawyers are not actually firm associates?
No. The committee concluded that, on the facts presented, RPC 7.5(d) and 7.1 prohibit using 'and associates' in the firm name because the other lawyers are not in fact associates of the firm. It added…
Can a sole practitioner put 'associates' on the letterhead because he regularly works with other independent lawyers?
The committee unanimously concluded that a sole practitioner's use of 'associates' on the letterhead would be misleading, because the public would be led to believe the lawyer employs other lawyers in…
Can a lawyer send a solicitation letter and brochure to a purchased mailing list of CPAs in several states?
Yes. The committee was of the opinion that RPC 7.2(a) permits a lawyer to mail a solicitation letter and brochure to a purchased list of all certified public accountants in Washington, Alaska, Oregon,…
Can two lawyers who are not partners share a letterhead that lists both of their names?
On split votes, the committee concluded that a letterhead listing two lawyers, each separately identified as 'attorney at law' with their names stacked and a line between them, did not falsely lead th…
Can a lawyer advertise as 'certified,' a 'diplomate,' or a 'specialist' based on a National Board of Trial Advocacy certification?
The committee concluded that a lawyer could advertise being 'certified as a criminal trial advocate by the National Board of Trial Advocacy,' but that 'diplomate' might be misleading because it did no…
Can a lawyer pay to participate in a referral service that advertises its referrals as 'personal referrals'?
No. The committee concluded that RPC 7.2 and 7.3 prohibit a lawyer from participating in the proposed referral service because its advertisement states that it is a 'personal referral' for which the l…
Can a lawyer ask other lawyers to refer criminal cases to him?
Per the opinion, yes; the committee was of the opinion that nothing in the Rules of Professional Conduct prohibits soliciting criminal referrals from other lawyers, as proposed.
Can one lawyer cover another lawyer's practice, including phones and yellow-page ads, while that lawyer is on sabbatical?
The committee concluded that nothing in the proposed plan, under which one lawyer would maintain the absent lawyer's phones and yellow-page advertising while telling callers the lawyer was on sabbatic…
Can a lawyer print a business card that identifies the lawyer as both an attorney and a real estate agent?
The committee concluded that a card may identify the lawyer as both an attorney and a real estate agent if both are true, but RPC 7.4 bars the phrase 'specializing in land sales and development,' and …
Can a lawyer use an outside advertising service that runs a toll-free number, takes calls, and forwards messages to the lawyer?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a Washington lawyer from participating in the proposed advertising service, under which an advertising firm pro…
Can a Washington lawyer make telephone calls or send mass-mailed brochures soliciting business from people the lawyer has no existing relationship with?
The committee concluded that the Code's DR 2-102, and the solicitation rule (RPC 7.3) then being proposed in Washington, would prohibit telephone solicitation of business from entities the lawyer had …
Can legal services provided by Rule 9 interns be advertised, and whose name must appear in the ad?
Per the opinion, ads for legal services by Rule 9 interns through a legal aid society had to comply with RPC 7.2 and name at least one lawyer responsible for the content; the staff attorney's name cou…
Can a lawyer who left a firm stay on its letterhead, or be listed as 'retired,' while practicing at a new firm?
No. The committee found it misleading to keep a departed lawyer on the old firm's letterhead or to list him as 'retired' while he practiced elsewhere; only if he was 'of counsel' to both firms could h…
Can a lawyer send a letter advertising legal services to the mayor of a city?
The committee concluded that a proposed letter advertising legal services to the mayor was not a prohibited solicitation under RPC 7.3, while noting it was the lawyer's responsibility to ensure any su…
Can a lawyer post a sign showing that he is a consul next to his law firm sign?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a lawyer from posting a sign indicating that he was a consul next to or below his law firm sign.
Can a law firm distribute a brochure about its services to insurance companies, real estate agencies, banks, and other potential referral sources?
Yes. The committee concluded that a proposed brochure about the firm, distributed to insurance companies, real estate agencies, banks, and others who might generally find the firm's services useful, i…
Can a law firm sell simple wills from a county-fair booth, and where can someone complain about how it was done?
The committee repeated its earlier conclusion (Informal Opinion 914) that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibits a law firm from selling simp…
Can lawyers from different firms form an advertising association with a shared phone number that refers callers to its members for a fee?
The committee concluded that the proposed plan would violate RPC 7.2(c) because the member lawyers would be paying the association for recommending their services, and the association would not qualif…
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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.