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 lawyer employed by a nonprofit give free estate-planning consultations to potential donors in exchange for a suggested donation to the nonprofit?
The committee concluded the arrangement violates RPC 7.2(c) because it creates the appearance that the nonprofit is recommending the lawyer, and it creates a conflict under RPC 1.7(a) between the nonp…
May a lawyer sign a settlement agreement that bars disclosure of the settlement's terms, conditions, or existence?
The committee concluded that a lawyer's signing such a confidentiality agreement does not, by itself, violate RPC 1.6, 1.7, or 8.4; it declined to comment on whether a lawyer may propose such an agree…
Can a lawyer defend misdemeanor clients in a municipal court while also serving as that city's prosecutor pro tem?
The committee concluded RPC 1.11 does not control; because the lawyer intermittently serves as the city's prosecutor, the city is a client, so RPC 1.7 governs, making defense of criminal clients in th…
If a client's identity is confidential, can a lawyer disclose it to a prospective new firm running a conflicts check?
The committee concluded that, on the facts, the client's identity is a secret under RPC 1.6 whose disclosure would disadvantage the client under RPC 1.9, so the lawyer cannot disclose it to the prospe…
Can a lawyer prosecute a defendant for the city while also opposing that same defendant in a civil case?
The committee concluded that representing private parties while representing the city against those same parties does not comply with RPC 1.11, that affected independent judgment would violate RPC 1.7…
Can a lawyer who mediated a matter also represent one of the parties, and can the mediator draft the settlement documents?
The committee concluded a lawyer may not both mediate and represent one party in the same proceeding under RPC 1.12(b), but a mediator may act as scrivener and prepare the mediation agreement and fina…
Can a lawyer alternate between working for a prosecutor's office and a criminal defense firm?
The committee concluded the question is governed by RPC 1.11, with RPC 1.7 also applying, and that on the stated facts, where the lawyer avoids the rule's specific overlaps, the lawyer would appear to…
Can a firm represent a corporation when the corporation's CEO is also a paid consultant to the firm?
The committee concluded the firm may represent the corporation if its consulting relationship with the CEO will not interfere with its independent judgment, with RPC 1.7(b) disclosure and a written wa…
Can a lawyer represent a husband in his divorce after having briefly represented his current wife in an unrelated earlier matter?
The committee concluded the lawyer will not violate the RPCs by representing the husband, that there is no conflict of interest requiring the wife's approval, and that the lawyer must keep confidentia…
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 lawyer be 'of counsel' to more than one law firm at the same time?
The committee concluded there is no ethical prohibition on being of counsel to more than one firm, but it has implications under several rules, especially RPC 1.6 and 1.7, and the of-counsel lawyer is…
Can a lawyer represent a homeowners' association when the lawyer is close friends with the manager who may have a claim against a board member?
The committee concluded that RPC 1.7(b)(1) and (2) apply and that, on the facts presented, the lawyer's representation of the association board may be materially limited by the lawyer's relationship w…
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…
Is a lawyer conflicted from suing an alleged harasser who once briefly discussed the allegations with the lawyer's then-partner?
The committee concluded there were insufficient facts to decide the conflict or whether an attorney-client relationship formed; the client's reasonable belief controls that question, and the lawyer ma…
Can a lawyer who left a firm represent a client against a corporation that was the firm's client while the lawyer was there?
The committee concluded that under RPC 1.9 the former corporate client's confidences are imputed to the departed lawyer whether or not the lawyer handled the work, so the lawyer cannot take a claim ag…
After serving as a court-appointed guardian ad litem, can the same lawyer go on to represent the guardian or the estate in the matter?
The committee concluded that RPC 1.12(a) bars a former guardian ad litem, who acted as an adjudicative officer, from later serving as attorney for the estate, the guardian, or a personal representativ…
Can a Washington lawyer run an ancillary law-related business and refer clients to it?
The committee said there is no per se bar on a lawyer establishing a law-related business, but any referrals must strictly follow the RPCs, including RPC 1.6, 1.7, 1.8, 5.4, and 5.5, and the business …
Can a Washington lawyer join a property management business and advertise that a lawyer is part of the business?
The committee declined to decide whether the activity is the practice of law, but said that if it is, it would violate RPC 5.4(b) and potentially RPC 7.1(a)-(b) and 7.3(a), and flagged RPC 1.6, 1.7, 5…
Can an in-house lawyer who left a company become general counsel to a consulting firm that serves that company's industry?
The committee concluded the move is barred only if the lawyer represents the consulting company in a substantially related matter materially adverse to the former employer; on the stated facts that lo…
Can a court-appointed guardian ad litem for a minor go on to represent that minor as her lawyer once she turns 18?
The committee said this conduct is prohibited: it violates RPC 1.15(a), 1.7(b), 1.3, 1.9, 3.4(c), and 8.4(d), may violate RPC 7.3, and may breach a fiduciary obligation under RPC 1.6.
Can a firm represent a client at trial when a former partner of the firm is likely to be a necessary witness?
The committee said RPC 3.7 does not prohibit the firm from representing the client, assuming the former partner remains not 'in the same firm' and will not rejoin before retirement, and assuming no ot…
Does a county bar's volunteer lawyer program face the conduct rules when it screens and refers indigent clients to volunteer attorneys?
The committee said that as long as the program only provides administrative services and all legal advice comes from independent lawyers who check their own conflicts, there is no RPC violation; if pr…
Can a lawyer represent a trade association and one of its individual members at the same time?
The committee said there is a potential conflict of interest in representing both an individual member (the Current Distributor) and the Association, but the conflict may be waivable; whether the Succ…
Must a defense lawyer withdraw when former physician clients become the plaintiff's treating-physician witnesses?
The committee said the lawyer is not disqualified from continuing as defense counsel, assuming the lawyer will not violate RPC 1.6(a), 1.7(b), or 1.9(b) (and should also consider ABA Model Rule 1.9(c)…
Can a lawyer file a malpractice claim for a client against the client's former lawyer, and does the lawyer have to report that lawyer?
The committee said filing malpractice allegations on a client's behalf against the client's former attorney would not violate RPC 1.8(j); the duty to report misconduct turns on RPC 8.3, consultation w…
Can a lawyer who works as a criminal-court bailiff also appear as a private practitioner before other judges and commissioners?
The committee said that, absent specific conflicts and with appropriate consents and approvals from clients and opposing counsel, it does not violate the Rules for a county criminal-court bailiff to a…
Can a government lawyer collect taxes from a person the lawyer represented in private practice?
The committee said RPC 1.9 governs, and that using confidences or secrets obtained in private practice, relating to the representation of the former client, to that former client's disadvantage would …
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 lawyer take a new client's case when a former client may testify as a witness in it?
The committee was of the opinion that the lawyer could represent the new client, but RPC 1.9(b) prohibits disclosing the former client's confidences or secrets, and RPC 1.7(a) requires the new client'…
Can a lawyer be both legal counsel for a nonprofit corporation and a member of its board of directors?
The committee was of the opinion that a lawyer may serve as corporate counsel for a private nonprofit corporation and also serve on its board of directors, provided the lawyer otherwise complies with …
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 law firm partner take a part-time leave to serve as a Special Attorney General litigating for the state?
The committee declined to give a comprehensive answer without more information and directed the inquirer to comply with RPC 1.6, 1.7, and 1.9.
Can a firm sue a doctor in one case while relying on the same doctor as a treating-physician witness for other clients?
The committee concluded that because there is no attorney-client relationship with the doctor, RPC 1.7(b) governs; the firm may both sue the doctor and use the doctor as a witness for other clients if…
How many years back does a law firm have to check for conflicts of interest?
The committee concluded that a conflict continues indefinitely, so a firm must run conflict checks as far back as each current attorney has practiced; once an attorney leaves, the firm may take matter…
Can a lawyer who became head of a state agency make final decisions in cases involving people the lawyer previously represented?
The committee concluded that if the courts rule the agency head cannot delegate the decisions, RPC 1.11 does not bar the lawyer from making them, because RPC 1.11(c) exempts a government officer where…
How far must a lawyer go to check for conflicts after moving to a new firm?
The committee determined that a lawyer who compared client and spouse names from the former firm against the new firm's past and current client lists had done all the lawyer can to check conflicts, be…
Are a county public defender's case conflicts imputed to a lawyer just because the lawyer is married to that public defender?
The committee determined that the county public defender's office conflicts are not imputed to a lawyer merely because the lawyer is the spouse of a county public defender, where the two will never re…
After a dependency action against a father, can a lawyer keep representing both the father and his injured minor child on the child's injury claim?
The committee concluded that several conflict rules prohibit the lawyer from continuing to represent either the father or the minor child without a court order or written consent, and that the lawyer …
Can a lawyer represent a property owner facing condemnation when the lawyer's firm also has obligations to the condemning city?
The committee was of the opinion that, assuming the lawyer believes the representation would not be adversely affected by the firm's obligations to the city, the lawyer could represent the potential c…
Can a public defender office contract to appoint and pay outside conflict counsel from its own budget?
The committee was of the opinion that a contract requiring the public defender office to recognize conflicts and hire outside counsel from its budget raises conflict issues under RPC 1.7 and 1.9, and …
Can a lawyer who once represented an insurer's insured later sue a different person insured by that same insurer?
The committee was of the opinion that if the lawyer never represented the insurer and holds no confidences or secrets about it, the Washington RPCs do not bar representing a client against a party it …
Can a legal services program accept third-party funding that bars it from raising certain claims, pursuing class actions, or appearing before legislatures, and what does it owe clients when funding is cut?
The committee was of the opinion that a legal services program must notify clients and seek to withdraw when funding cuts prevent competent representation, and that third-party funding restrictions ar…
Can a lawyer also work as an insurance broker?
The committee's published summary states that a lawyer may also engage in business as an insurance broker but must be careful to distinguish between the obligations of each profession.
Can a law firm represent clients adverse to a city when one of the firm's lawyers serves on the city council?
The committee was of the opinion that because there is no attorney-client relationship with the city council, RPC 1.7(a) does not apply, but RPC 1.7(b) always applies and may require client consent af…
Does a prosecutor have a conflict of interest when investigating a police officer the prosecutor works with?
The committee was of the opinion that the employment relationship alone does not create an attorney-client relationship, so there is no inherent conflict under RPC 1.7(a), but there is a potential con…
Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?
The committee was of the opinion that, on the facts presented, where the lawyer did not personally work for the adverse client at the former firm and obtained no confidences or secrets, there would be…
Can a firm represent a client suing a school district that belongs to a risk pool the firm also represents?
The committee was of the opinion that the firm could represent both clients only if it complied with the requirements of RPC 1.7(a).
Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?
The committee was of the opinion that the lawyer cannot take the people met while selling insurance door-to-door as legal clients, and if the lawyer identifies as an attorney must fully disclose that …
What can a criminal defense lawyer tell a client about breaking the law, and what can the lawyer say to a victim or witness?
The committee was of the opinion that a defense lawyer must advise the client of the relevant law and, if the client contemplates illegal acts, of the legal consequences and against committing them; t…
Can a lawyer practice law and also work as an insurance adjuster?
The committee was of the opinion that a lawyer can ethically maintain dual professions but the risk of violating the rules is high; the lawyer must preserve client confidences, disclose in what capaci…
Can a lawyer operate a single firm that offers both legal services and public accounting (CPA) services?
The committee was of the opinion that nothing in the rules prohibits a lawyer from operating a professional services corporation offering both legal and accounting services, but it was unlikely the la…
Does the conflict-imputation rule (RPC 1.10) still apply to a partner who is on a leave of absence from the firm?
The committee was of the opinion that RPC 1.10 applies, but whether the firm's leave-of-absence arrangement keeps the partner from being 'associated with' the firm is a question of law it could not an…
Can a divorce lawyer take a security interest in real property to secure the fee in a marriage dissolution case?
The committee was of the opinion that, because all property is at issue in a dissolution, taking an interest in the real property is taking an interest in the subject matter of litigation in violation…
Can a lawyer take a security interest in property that is the subject of the litigation the lawyer is handling?
The committee was of the opinion that taking a security interest in a computer system that is the subject of the litigation would violate RPC 1.8(j).
Can a former government agency lawyer represent a private client in a matter the lawyer worked on while in government, and what consent is required?
The committee was of the opinion that RPC 1.11(a) applies and requires the agency's affirmative consent, which a cited criminal statute does not supply; the lawyer's current scope appeared covered by …
After filing an appearance for two clients, then discovering a conflict between them, can a lawyer withdraw from one and keep representing the other?
The committee was of the opinion that because the lawyer filed a Notice of Appearance for both clients, the client the lawyer withdraws from becomes a former client, so the lawyer must satisfy RPC 1.9…
Can a lawyer take assignments through a for-profit temporary employment agency that markets the lawyer's availability and is paid by the employer?
The committee answered by referring to and adopting only the part of ABA Formal Opinion 356 (1988) that addresses the specific arrangement described, with the caveat that Washington's conflict-of-inte…
If a deputy prosecutor is engaged to a city police officer, must the whole prosecutor's office be disqualified from cases the officer is involved in?
The committee was of the opinion that there is no vicarious disqualification of other deputy prosecutors unless their independent judgment is tainted under RPC 1.7(b).
Can a lawyer market a spouse's business to the lawyer's own clients, for example by posting ads in the office or steering clients to buy products?
The committee declined to address every scenario but concluded that, as a general rule, the lawyer must comply with RPC 1.8(a) and 1.7(b) for current clients because the lawyer has a pecuniary interes…
Can a law firm represent a witness at a deposition while another lawyer in the firm represents a party in the same lawsuit?
The committee was of the opinion that there is no conflict as long as the witness's deposition testimony is not harmful or detrimental to the firm's other client; once it becomes reasonably likely the…
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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.