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.
No Washington State Bar Association opinions match these filters
Try a different search term or clear the filters.
Can a lawyer charge a contingent fee and also bill the client hourly for legal support staff as a cost?
Yes, with conditions. The committee concluded that a contingent fee plus separately billed hourly rates for legal support staff as costs is permissible if the client receives the information needed fo…
Can a lawyer guarantee a personal injury client's out-of-pocket medical bills to relieve pressure from providers?
The committee concluded that RPC 1.8(e) prohibits a lawyer from advancing or guaranteeing financial assistance to a client except that the lawyer may guarantee the expenses of litigation. Guaranteeing…
Can a lawyer charge a contingent fee to dissolve a non-marital domestic partnership where there are no children?
Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a contingent fee for representing a client in a non-marital domestic partnership breakup in which ther…
Can a lawyer pay a referral fee to another lawyer who refers a case but does no work on it?
Yes. Under RPC 1.5(e)(2) a fee may be divided with a referring lawyer who does no other work if there is a written agreement with the client, each lawyer assumes joint responsibility for the represent…
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 lawyer sell a client's property in the lawyer's possession to satisfy a judgment for unpaid fees?
The committee concluded that a lawyer could not sell client property in the lawyer's possession and apply the proceeds to a fee judgment without the client's consent or other lawful authority to conve…
Can a lawyer get a former client to release a malpractice claim while tendering disputed fee money?
The committee concluded that under RPC 1.8(h) the lawyer could not settle a malpractice claim with a former client without first advising in writing that independent representation is appropriate, and…
In a fee-shifting case, can a lawyer charge a contingent fee that exceeds the reasonable attorney's fee the court awards?
The committee concluded it is not per se unethical to propose or enforce a contingent fee set as a percentage of the client's total recovery, even if it exceeds the court's statutory fee award, becaus…
Can a Washington lawyer charge a probate fee set as a percentage of the estate's value and split it with another lawyer?
The committee concluded that a fee set solely as a percentage of the estate's value is not a contingent fee; before any fee-splitting agreement, the lawyer must comply with RPC 1.5(e) on dividing fees…
Can a lawyer negotiate an employment contract to become a corporation's full-time legal counsel and take part of the pay in company stock?
Per the opinion, negotiating such an employment contract, with stock as part of the compensation, did not violate RPC 1.8 because it appeared to be an arm's length transaction and the lawyer was not g…
Can a lawyer take a deed of trust and promissory note from a client to secure fees for future legal work?
Per the opinion, the lawyer could take the security if the assignment conveyed only a security interest, not a proprietary interest, so it did not conflict with RPC 1.8(j); but the lawyer then had to …
Can a lawyer bill a client for a contract lawyer's time at a higher rate than the contract lawyer is paid?
The committee concluded that an arrangement in which a lawyer employed a contract lawyer hourly, paid the contract lawyer before billing the client, and charged the client more than the contract lawye…
Can a lawyer assert an attorney's lien for old fees against funds received for the same client in a new case?
The committee concluded that an attorney's lien for fees due in prior litigation could be asserted against funds received on behalf of the same client in new litigation, and that the lawyer had to com…
Can a lawyer charge a collection agency a contingent fee measured as a percentage of what the agency itself recovers?
The committee concluded that the proposed contingent fee agreement, giving the lawyer 50% of whatever the collection-agency client received, is not precluded by RPC 1.5 so long as the rule's other req…
What ethics rules apply to a lawyer who represents both buyers and sellers, also works as a real estate broker, and sometimes becomes a partner with the purchaser?
The committee found the lawyer's fee agreement inadequate under RPC 1.5(b) for not stating the basis or rate of the fee, and found the client communications lacked the conflict disclosures RPC 1.7 req…
If a Washington lawyer must testify as a witness at trial, can the lawyer keep working on the client's matter and bill for that work?
The committee concluded that a lawyer who must testify at trial is not barred from continuing to represent the client in matters separate from the trial, from doing legal research and preparing papers…
When lawyers in different firms split a fee in Washington, must they satisfy every requirement of RPC 1.5(e)(2)?
The committee read the semicolons in RPC 1.5(e)(2) to mean that compliance with all of the independent phrases is required when dividing fees between lawyers who are not in the same law firm.
If a client disappears owing fees and the lawyer holds the client's money in trust, can the lawyer pay the fees from those funds?
The committee said the lawyer must make reasonable efforts to notify the missing client of the fee claim and of the intent to pay the fees from the client's trust funds, including trying to reach the …
Is a written 'fee agreement' that only lists factors affecting the fee, without stating the actual fee, a valid fee agreement?
The committee unanimously concluded that a document listing only general factors that could determine a fee, with no specific fee information for the client, is not really a fee agreement; a fee agree…
Browse Washington State Bar Association opinions by topic
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.