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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Must criminal defense counsel disclose a client's criminal history to the prosecutor, and may counsel do so without consent?
The committee was of the opinion that RPC 4.1(a) bars a lawyer from misrepresenting to a prosecutor, but that, as Formal Opinion 188 bars disclosures to a court without client consent, a lawyer likewi…
Must a defense lawyer tell the court that a client is violating the conditions of a pretrial release order?
The committee was of the opinion, with one dissent, that the lawyer could not disclose that a criminal defendant is violating release conditions except in compliance with RPC 1.6.
Can a lawyer disclose client confidences to the IRS during an audit of the lawyer's records?
The committee was of the opinion that a lawyer may not disclose client confidences or secrets during an IRS audit except in compliance with RPC 1.6.
Can a legal-aid office give its funder, like the Legal Services Corporation, records that identify clients and their cases for auditing?
The committee concluded that a legal service office may not disclose to a funder such as the Legal Services Corporation, or any other third party, original records or other information that would iden…
Can a lawyer refer clients to a relative for non-legal services?
The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services so long as the lawyer complies with RPC 1.6(a), 1.7(b), 5.4(b), and 2.1.
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 lawyer a husband consulted about a criminal case later represent the wife in their divorce, when the wife sat in on that consultation?
The committee was of the opinion that the lawyer was correct to withdraw, because the husband had disclosed confidences and secrets that RPC 1.9 prohibits using against him, and the wife's presence du…
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…
When a civil defendant's truthful answer could expose the client to criminal prosecution, how can the lawyer file a CR 11-compliant answer?
The committee was of the opinion that RPC 8.4 bars filing an answer that contains an untruth, but the lawyer may assert the client's Fifth Amendment privilege; nothing in the rules prohibits filing an…
Must a lawyer report a client's identity to the Treasury Department on IRS Form 8300 for cash payments over $10,000?
The committee was of the opinion that a client's identity is a 'secret' under the rules, so a lawyer may not disclose it to the Treasury Department on IRS Form 8300 except in compliance with RPC 1.6.
A client hands the lawyer documents the client obtained by violating a restraining order; can the lawyer use them, must they be returned, and what about discovery?
The committee was of the opinion that the lawyer may not disclose how the documents were obtained without the client's consent under RPC 1.6; that RPC 3.4(a) requires advising the client the documents…
A lawyer learns a former client used a possibly fraudulent document to settle with an insurer and won't correct it; what are the lawyer's duties?
The committee was of the opinion that the lawyer acted properly under RPC 3.3(d) in urging the client to authorize disclosure, that RPC 1.6 then prevents any further disclosure given the client's refu…
After distributing an estate to two heirs, a lawyer learns of a third undisclosed heir; what must the lawyer do if the heir-clients will not correct it?
The committee was of the opinion that RPC 4.1(b) requires the lawyer to call on the heir-clients to correct the apparent fraud on the omitted heir; if they refuse to correct it or to authorize disclos…
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, …
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…
When insurance-defense counsel learns from the insured a fact suggesting the insured may not be covered, may the lawyer disclose it to the insurer that hired the lawyer?
The committee concluded that the information the client gave the lawyer is a secret under RPC 1.6, so the lawyer could not disclose it to the insurer and should continue to represent the client.
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…
Must a lawyer disclose a client's earlier failure to reveal a trust account in a bankruptcy, and does it depend on whether the lawyer still represents the client?
The committee was of the opinion that if the firm remains attorney of record in the bankruptcy it must disclose the earlier failure to disclose the trust account; if it no longer represents the client…
Must a new lawyer disclose a client's past fraud (assisted by a prior lawyer) that the new lawyer has already helped cure?
The committee concluded that, to the extent some fraud was committed, that fraud had now been 'cured,' and was of the opinion that unless the client consents to disclosure, RPC 4.1 and RPC 1.6 prohibi…
May a firm take pro bono work from Tribal entities when the firm represents clients litigating against those entities, and what must it weigh?
The committee was of the opinion that under RPC 1.7(b) the lawyer should weigh the duty of loyalty to existing clients and the RPC 1.6 bar on revealing a current or former client's confidences; the la…
A lawyer holds settlement funds in trust to pay a doctor the lawyer now believes defrauded the insurer. May or must the lawyer disclose, and how should the funds be disbursed?
The committee was of the opinion that the lawyer must first discuss the matter with the client to determine whether fraud occurred; if nondisclosure would assist a criminal or fraudulent act, RPC 4.1(…
After jointly representing a mother and daughter who are now suing each other over their corporation, may the lawyer disclose what was learned, when one of them objects?
On the facts, the committee was of the opinion that the lawyer could not disclose the information without a court order, as required by RPC 1.6, because the mother objected to disclosure based on the …
May a lawyer disclose client confidences to a non-lawyer supervisor, and may that supervisor direct the lawyer's professional judgment?
The committee was of the opinion that RPC 1.6 prohibits the lawyer from disclosing client confidences or secrets to a non-lawyer supervisor, and that RPC 5.4(c) prohibits the supervisor from directing…
After a firm dissolves, can a lawyer audit a former partner's client files in which the lawyer has a financial interest?
The committee concluded that the lawyer first had to determine whether an attorney-client relationship now existed; if it did, the lawyer could access the file, but if not, the lawyer could not review…
Can a lawyer release a former client's information to the news media because the lawyer believes the former client may commit future crimes?
The committee concluded that RPC 1.6(b)(1) permits disclosure to prevent a client crime only on an objectively reasonable belief, not a subjective one, and that without specific objective facts the la…
If the IRS asks a lawyer for a client's address and telephone number, can the lawyer turn that information over without a court order?
The committee concluded that a client's address and telephone number were a confidence or secret, so under RPC 1.6(b)(2) the lawyer could reveal them to the IRS only pursuant to a court order.
Must a lawyer report another lawyer's misconduct when doing so would reveal a client secret and harm a former client?
The committee concluded the duty to report under RPC 8.3 yields where reporting would disclose a client secret protected by RPC 1.6, as it would here; but RPC 1.6(b)(2) would permit disclosure if need…
Does a lawyer have to disclose a former client's threats to reveal others' crimes, or report that others may have committed crimes?
The committee was of the opinion that RPC 1.6, which says a lawyer 'may' disclose confidences or secrets to prevent a client's crime, imposes no obligation to do so and no obligation to report crimina…
If a former client wants back documents the lawyer believes are falsified for perjury, does the lawyer have a duty to disclose the intended perjury?
The committee was of the opinion that, because RPC 1.6 says a lawyer 'may' reveal confidences or secrets necessary to prevent a client's crime, the disclosure is permissive, so the lawyer has no duty …
Do the ethics rules require a lawyer to have a private office with walls and a door rather than an open-office layout?
The committee was of the opinion that the Rules of Professional Conduct do not address the architecture of law offices; it could only advise that, under RPC 1.6, a lawyer has a duty not to reveal clie…
If a lawyer represents a testamentary trust, must the lawyer disclose to residual heirs that the trustees distributed all of the trust's assets?
The committee was of the opinion that, because an attorney-client relationship exists between the lawyer and the co-trustee wife (under Estate of Larson), disclosure of the distribution to the residua…
Is a client's whereabouts confidential, so a lawyer can't just give it to the FBI looking for the client on an abduction warrant?
The committee was of the opinion that a client's whereabouts falls within the protections of RPC 1.6 for client confidences and secrets, and can be disclosed only as that rule permits.
What must a lawyer do after learning the client altered records before producing them to the other side?
The committee was of the opinion that RPC 3.3(a)(2) requires the lawyer to consult the client and seek permission to disclose the alteration; if the client refuses, the lawyer must cease representatio…
When the adopting client disappears, what may the lawyer tell the birth father who already consented to the adoption?
The committee was of the opinion that RPC 8.4(c) and (d) require the lawyer to advise the natural father that the adoption proceeding is not going forward, but that the lawyer should disclose no furth…
Can a lawyer who drafted wills for both spouses later represent the husband in a divorce against the wife?
The committee was of the opinion that in drafting the wills the lawyer necessarily obtained confidences and secrets from both spouses, so the lawyer could not now represent the husband adversely to th…
What are an appointed criminal defense lawyer's duties on appeal, on civil matters, on the client's file, and on disclosures in a motion to withdraw?
The committee was of the opinion that an appointed lawyer's duties track the scope of the appointment: no duty to handle the appeal beyond filing and perfecting it, no duty to assist in civil matters …
Can a lawyer disclose information to a client's former spouse when the client has directed the lawyer not to disclose it?
The committee was of the opinion that the lawyer could not disclose information the client directed be withheld, unless the lawyer believed the client's conduct would constitute a crime, in which case…
Must a legal agency give a former lawyer the names of clients that lawyer or others handled there, so the lawyer can check for conflicts?
Not as a blanket matter. The committee was of the opinion that nothing in the rules required the agency to respond to the former lawyer's requests, but, by an 8-4 vote, that failing to disclose facts …
If a lawyer learns after a settlement that the client negligently gave false interrogatory answers, must the lawyer disclose it?
By a 7-6 vote, the committee was of the opinion that if the client was negligent rather than fraudulent and all proceedings have concluded, the lawyer has no duty to disclose; if proceedings are still…
What must a lawyer do when a client admits, after a deposition, that he testified falsely about income from illegal activity?
The committee was of the opinion that the lawyer must advise the client to authorize the lawyer to tell opposing counsel of the inaccuracy and then assert privilege or object on immateriality grounds;…
If a lawyer learns the client gave false testimony in a dissolution trial, can the lawyer disclose it to the court?
No, not on these facts. The committee was of the opinion that under RPC 3.3(c) and 1.6 the lawyer would not be permitted to disclose the client's false testimony; instead the lawyer should seek the cl…
Can a lawyer reveal client confidences to defend against a former client's malpractice and fraud claims?
Yes. The committee concluded that, where a lawyer faces a cross-complaint alleging fraud, malpractice, and similar claims, RPC 1.6(b) permits revealing confidences or secrets to the extent reasonably …
Can a lawyer sue a former client for slander about the representation and reveal client confidences to prove the case?
Yes. The committee concluded that a lawyer may take legal action against a former client for slanderous statements about the lawyer's prior representation, because RPC 1.6 permits revealing confidence…
If a lawyer distributes a computer program that generates legal documents for other lawyers to use, what ethics duties apply?
The committee declined to give a general opinion for lack of information, but cautioned that the program's assumptions and limitations should be provided to each user-attorney, that the user-attorney'…
Can a Washington lawyer report suspected abuse of a vulnerable adult when the information is a client confidence?
The committee concluded that reporting under RCW 74.34 is constrained by RPC 1.6: where the information is a client confidence, the lawyer may disclose only if a Rule 1.6 exception applies, such as th…
Do Washington's industrial-insurance statutes waive the physician-patient privilege for purposes of the ethics rules?
The committee declined to decide. It treated whether RCW 51.04.050 and 51.36.060 waive the physician-patient privilege as a legal question it cannot answer, and said only that Formal Opinion 180 must …
Can a lawyer sue a defendant whom the lawyer's partner once represented in an unrelated dissolution and will?
Yes. The committee concluded RPC 1.9 did not prohibit the representation because the auto-accident case was not substantially related to the partner's earlier dissolution and will work for the defenda…
Must a firm withdraw from a case against a party who earlier delivered documents to the firm when it was consulted on a different matter?
Per the opinion, no; assuming an attorney-client relationship existed when the now-adverse party delivered documents, RPC 1.9 did not compel withdrawal because the pending proceeding was not substanti…
Can a lawyer take a contingent fee to defend a client's property in a civil forfeiture case while also representing that client on the related criminal charges?
Yes. The committee concluded that RPC 1.5(d)(2)'s bar on criminal contingent fees does not reach a civil forfeiture proceeding, which is not criminal, but any such agreement must comply with RPC 1.5(a…
Can a freelance contract lawyer work for two lawyers who frequently oppose each other in family law cases?
The committee concluded the arrangement was permissible because the contract lawyer would not work on cases where the two lawyers were adverse; the lawyer had to guard against disclosing confidences a…
Can a legal services program share client information with the agency that funds it, and may it report client statistics?
The committee concluded that a legal services program could not extend the attorney-client privilege to its contracting agency or disclose client confidences without consent, but could provide summary…
If a former client is spreading false statements about the firm, can the lawyer reveal the client's confidences to respond?
The committee concluded that RPC 1.6 would not permit revealing the former client's confidences or secrets, but the lawyer could send a letter (including to others) stating that the client's statement…
Can a lawyer designate another lawyer to take over contacting clients if the lawyer becomes unavailable for an extended period?
The committee concluded that a lawyer could name another lawyer to be responsible during an extended absence, where that lawyer would simply contact the clients and tell them to find new counsel; exce…
If two people with adverse claims arising from one person's death each consulted the same firm, can the firm represent either of them?
The committee concluded that RPC 1.9 prohibited any lawyer in the office from representing either potential claimant, because the office had an attorney-client relationship with each side and might re…
Can a law firm disclose client names to a bank when pledging its accounts receivable for financing?
The committee concluded that before disclosing client names and account status to a bank to pledge accounts receivable, RPC 1.6 required the lawyer to determine the information was not a secret, to in…
Can a lawyer hire a legal secretary who came from an opposing firm and knows the confidences of clients adverse to the lawyer's own clients?
No. The committee concluded that under RPC 5.3 it would be improper to employ a secretary who has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clie…
If a client threatens to commit suicide, can the lawyer call emergency services and share information to protect the client?
The committee concluded that a lawyer who reasonably believes a client may carry out a suicide threat may take protective action under RPC 1.13, treating the client as temporarily under a disability, …
If a court's sentencing order mistakenly gives a client less jail time than the judge announced, must the defense lawyer point out the error?
No. Assuming the lawyer had no part in preparing the order, the committee concluded RPC 1.6 obligated the lawyer to remain silent about the apparent error because it constituted a secret of the client…
Does the rule limiting lawyer contact with a physician about privileged information also cover privileged materials and medical records?
The committee concluded that the principle of Formal Opinion 180, governing attorney contact with physicians about privileged information, extends to privileged materials and medical records as well.
Can a lawyer represent a party against a former client in unrelated litigation?
On the facts presented, the committee concluded that representing parties adverse to a former client in unrelated litigation does not violate RPC 1.7, because there was no present attorney-client rela…
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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.