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 an insurer's invoice-processing fee that cuts a percentage from each defense bill violate the rules on advancing costs and sharing fees?
Deciding this inquiry together with Opinion 2012, the committee concluded that the insurer's mandatory percentage reduction off every invoice violates RPC 1.8(e) (the lawyer is not fully reimbursed fo…
Can one law firm be designated 'of counsel' to another law firm on its letterhead, and how do the fee-splitting rules apply?
The committee said a law firm may not be designated 'of counsel' to another firm, because that designation is limited to individual lawyers who are active WSBA members with a close, regular, continuin…
What must a lawyer who supervises nonlawyer staff (for example, a company legal department handling garnishments) do to satisfy the supervision rules?
The committee said the question is governed by RPC 5.1, 5.2, and 5.3: RPC 5.3(b) requires a lawyer with direct supervisory authority over nonlawyers to make reasonable efforts to ensure their conduct …
Can a lawyer disclose a client's telephone number without the client's permission?
No. The committee concluded that RPC 1.6 prohibits the voluntary disclosure of any information obtained during the representation without the client's consent, and that the rule's exceptions in RPC 1.…
Can a lawyer take a lien on property to secure fees, and can a lawyer loan a client money to fund a settlement?
Reconciling two earlier informal opinions, the committee said a lien granted by law to secure a lawyer's fees or expenses falls within the exception in RPC 1.8(j)(1) and does not violate the rule, but…
Can a lawyer join a paid professional networking group that requires members to make a set number of referrals each month to keep their membership?
The committee declined to change its earlier Informal Opinion 1975, which held it violates RPC 7.1, 7.2, and 7.3 for a lawyer to participate in a commercial network that requires referrals among membe…
Can a law firm collecting receivables for a corporate client on contingency set up a joint bank account the client can withdraw from directly, with a line of credit for overdraft protection?
The committee said the arrangement may not be permissible under RPC 1.14, the trust-account rule. A joint account giving the corporate client independent access, from which the client pays itself with…
Can a law firm keep using a former member's name in its trade name after that lawyer leaves and continues practicing law in the same community?
No. The committee concluded that a firm may not continue to use a former member's name as a trade name when that member has left the firm and continues to practice law in the same community.
Can an insurance company make its defense lawyers take a flat percentage off every invoice and follow billing and litigation guidelines?
The committee concluded that a mandatory across-the-board percentage reduction of every invoice violates RPC 1.8(e) (the lawyer is not fully reimbursed for costs advanced for the client) and RPC 5.4(a…
Can a public defender take on a client's second, unrelated matter with the client's consent, and must the public defender first contact the lawyer already assigned to that second matter?
The committee said a public defender may represent a client on more than one matter if the client consents and the public defender is competent and meets the conflict and related rules. It also said R…
Can a law firm use a made-up surname trade name, keep a non-working lawyer as a fee-sharing 'silent partner,' or pay a nonlawyer consulting firm based on the firm's increased fee income?
The committee answered no to all three. A firm may not use a trade name that appears to consist of lawyers' surnames when no current or former lawyer of the firm had those names, because of the substa…
In a print law-firm ad, can a personal-injury lawyer list specific jury verdicts and settlement amounts and display ratings like Martindale-Hubbell and Best Lawyers?
Citing specific jury verdicts is generally disfavored because it can create unjustified expectations and so violate RPC 7.1; if used, a disclaimer at least as prominent as the results must make clear …
Can a law firm serve as a city's civil attorney when one of the firm's lawyers is the city's municipal court judge?
The committee was unable to approve the arrangement. The city is a party in essentially every criminal, traffic, and many civil matters before the municipal court, so the firm-member judge would be he…
Can a deputy prosecuting attorney do pro bono legal work?
The committee declined to address the inquiry's questions about proposed RPC 6.1 (not yet adopted) and about RCW 36.27.060 (a legal question outside its purview). It clarified that there is no reason …
Can a court-appointed criminal defense lawyer take part in a county program that pays a flat fee plus court-approved costs and routes advance payments through the lawyer's trust account?
The committee found no inherent conflict between the county's compensation proposal and counsel's trust-account (RPC 1.14), independence (RPC 1.8(f)), and confidentiality (RPC 1.6) duties: advance dep…
Can a non-lawyer contractor handle the daily bookkeeping of a lawyer's guardianship client funds and prepare the court reports?
The committee said yes to both questions. A non-lawyer contract employee may manage the daily bookkeeping of a lawyer's guardianship client funds (paying bills, balancing accounts, preparing annual re…
Does a lawyer's family relationship with a material witness and an alleged co-conspirator create a conflict that bars representing another party in the same case?
The committee concluded that the family relationship gives rise to an RPC 1.7(b) conflict because the representation may be materially limited by the lawyer's own interests and responsibilities to fam…
Can a Washington lawyer form a partnership with a foreign lawyer who is licensed in Washington as a foreign legal consultant?
The committee concluded that a partnership with a foreign attorney does not violate RPC 5.4(b) because a foreign attorney is not a 'nonlawyer' for purposes of that rule. The lawyer should comply with …
If a lawyer learns a client committed a past felony related to the case, can the lawyer reveal it, and can a settlement require both sides to keep incriminating evidence secret?
On the assumed facts (past, non-ongoing conduct, no legal duty to report, no evidence destruction, no required tribunal disclosure, no assisting a crime or fraud), the committee concluded RPC 1.6(a) b…
Can a Washington lawyer who has been suspended work as a paralegal, including in another state that allows suspended lawyers to do paralegal work?
The committee concluded the answer is no: a suspended Washington lawyer may not work as a paralegal anywhere at all, even in a state (here, Oregon) that allows suspended lawyers to do paralegal work. …
When a third party pays a client's legal fees, can the lawyer send the payer an itemized bill of the work performed?
The committee concluded that a lawyer whose fee is paid by a third party has the same obligations as one paid by the client, and may submit a billing statement to the payer provided it does not requir…
Can a law firm's employment agreement bar a departing partner from soliciting, hiring, or recruiting the firm's other lawyers?
The committee concluded that an employment agreement preventing a departing partner or shareholder from soliciting, hiring, or recruiting other lawyers at the firm violates RPC 5.6(a). It restricts th…
Can a Washington lawyer practice in a firm owned by a lawyer licensed only in another state, and can the out-of-state lawyer handle federal matters for Washington clients?
The committee concluded that, in general, nothing in the Rules of Professional Conduct prohibits lawyers licensed in different jurisdictions from associating or maintaining a regional or national law …
Can a law firm keep a named partner's name (with a 'retired in 2002' note) after he leaves to practice in another state?
The committee concluded that once a named partner ceases to practice with the Washington firm and begins practice in another jurisdiction and is no longer associated with the firm, the firm may no lon…
Can a Washington law firm organized as a professional limited liability company call itself an 'LLC,' or must it use 'PLLC' in the firm name?
The committee concluded that a professional limited liability company must include one of the terms 'Professional Limited Liability Company,' 'Professional Limited Liability Co.,' 'P.L.L.C.,' or 'PLLC…
Can a lawyer work as a 'risk management consultant' for an insurance broker, reviewing the broker's insureds and advising them, without violating the ethics rules?
The committee concluded it may be ethically possible but the risk of running afoul of the rules is high. Whether the work is the practice of law is a substantive-law question outside the committee's p…
Can a lawyer contact the opposing party directly after the other side's lawyer dies and no new lawyer has appeared?
The committee concluded that RPC 4.3 governs because, after opposing counsel's death, the lawyer has a reasonable basis to believe the other party is no longer represented. The lawyer may directly ask…
Will the Washington bar's ethics committee tell a lawyer in advance whether a proposed advertisement is permissible?
The committee said that, as a matter of policy, it cannot approve specific advertisements; it is the lawyer's responsibility to ensure that any advertisement complies with the Rules of Professional Co…
Can a prosecutor's office let its nonlawyer staff member run an unsupervised jail program where represented detainees discuss their cases?
The committee concluded that RPC 4.2, 5.3, 1.7, and 3.8 are all potentially violated when a nonlawyer employee of the prosecuting attorney's office runs an unsupervised jail Bible study with represent…
Can a plaintiffs' firm put a clause in its retainer agreement committing clients to oppose confidentiality provisions in any settlement?
The committee concluded that the proposed retainer clause violates RPC 1.2(c) and RPC 1.7(b) because it discloses none of the potential adverse consequences to the client or the nature of the conflict…
Can a Washington lawyer or the lawyer's staff hand out law-firm brochures in person to people at a courthouse, a fair, or an arena?
The committee concluded that RPC 7.3 prohibits direct, in-person, face-to-face solicitation by the lawyer or the lawyer's agent where there is no pre-existing relationship and the motive is pecuniary …
Does the no-contact rule (RPC 4.2) apply to a bar member who works only as a lobbyist or policy analyst, not as an attorney, when communicating with a represented office?
The committee concluded that RPC 4.2 applies only to a lawyer who is representing a client, so it depends on the existence of an attorney-client relationship and a communication in the context of repr…
Does an in-house lawyer who is also a corporate officer have to disclose on his business card that he is a lawyer, and when must he tell third parties he is an attorney?
The committee concluded the rules do not require the business card to state he is a lawyer when the card's use does not involve representing a client before a third party; but Title 4 of the RPCs requ…
Can a lawyer who referred a contingent-fee case and was then disbarred before settlement still collect a share of the fee from the lawyer who handled the case?
The committee concluded that although the facts pit RPC 5.4(a) (no fee sharing with nonlawyers) against RPC 1.5(e)(2) (fee splitting), RPC 1.5(e)(2) prevails: assuming Attorney #1 performed services b…
Can a Washington lawyer use her middle name instead of her last name in the firm name while still signing legal documents with her last name?
The committee concluded that using a name in the firm name other than the name the lawyer uses in the practice of law is misleading, and directed the inquirer to the name-change procedure in Admission…
Can a lawyer who receives a client through a county bar referral service make the first phone call or in-person contact if the caller said they want the lawyer to call them?
The committee concluded RPC 7.3(a) bars a referral-service lawyer from initiating in-person or telephone contact to solicit employment from a referred prospective client, even where the caller indicat…
When does an attorney-client relationship form under a prepaid legal services plan, and can the plan's Washington lawyer initiate contact with plan purchasers about plan benefits?
The committee declined to fix the moment the relationship forms, calling it a mixed question of law and fact, but said it is unlikely to exist after purchase and before the subscriber contacts the law…
Can a volunteer legal clinic open a file and offer a consultation to a second person whose interests may conflict with an existing clinic client?
It turns on whether an attorney-client relationship formed with the first person. The committee concluded the clinic must screen for conflicts and warn that intake information is not confidential unti…
Can a Washington lawyer join a networking or business referral group that requires members to refer business to each other to keep their membership?
The committee concluded that a networking and business referral association whose membership requires referrals (with potential loss of membership if no referrals occur) gives 'something of value' in …
Does a lawyer have to convey a creditor's bankruptcy reaffirmation offer to the client?
It depends. The committee concluded that RPC 1.4 does not require transmitting all correspondence but does require keeping the client reasonably informed, and that RPC 1.2(a) requires informing the cl…
Can a law firm write off an unpaid client bill and file an IRS Form 1099 naming the client and reporting the write-off as income?
No. The committee concluded that filing an IRS Form 1099 disclosing the client's identity would likely be detrimental to the client and is therefore barred by RPC 1.6, that the issue persists even if …
Can a lawyer set up a booth at a street fair offering to answer legal questions or give referrals?
Yes. The committee concluded that RPC 7.3 does not prohibit a lawyer from setting up a booth at a public event, because opening a booth is not direct solicitation (the lawyer waits for the client to a…
Must a lawyer give a former client, now in prison, a copy of the client's own incriminating written statement on request?
Yes. The committee concluded that RPC 1.15(d) requires a lawyer to surrender papers and property to which the client is entitled when representation ends, and that, absent a guardianship or other cour…
Are flat fees allowed in Washington, where should a flat fee be deposited, and what if the work isn't finished?
Flat fees are allowed if reasonable. The committee concluded a flat fee does not violate the RPCs but must be reasonable under RPC 1.5 (and may be unreasonable if the relationship ends before the work…
When a lawyer holds a minor's blocked settlement account, must the lawyer share account information with the child's mother and report concerns to the court?
The committee concluded that RPC 1.4(a) requires complying with reasonable requests for information (for a minor, typically through a guardian), that the account records are client property the lawyer…
Can an estate-planning lawyer who is also a licensed insurance agent split an insurance commission on a product recommended to the client?
No. The committee concluded that a lawyer providing non-legal services for profit in conjunction with legal representation, such as splitting an insurance commission on a life-insurance trust recommen…
Can a lawyer send a solicitation by email if the same content would be allowed in a solicitation letter under RPC 7.3(b)?
Yes, on the same terms as a letter. The committee concluded that if a single email's content could be sent in letter form in compliance with RPC 7.3(b), sending it by email also complies, provided the…
Can a lawyer charge a contingency-fee client interest on litigation costs the lawyer advances?
Yes, with conditions. The committee concluded that a lawyer may provide in the written fee agreement, at the start of a contingency-fee representation, that advanced costs accrue interest after a stat…
Can a lawyer give a client in litigation money for an emergency, or lend it, under RPC 1.8(e)?
A gift yes, a loan no. The committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e), but may not make a loan to a client under RPC 1.8(e); the…
Can a law firm let a prepaid legal plan link to the firm's website and publish 'success stories' about the firm's lawyers?
Yes, with limits. The committee concluded that allowing a prepaid legal plan to link from its website to the firm's site is not restricted by the RPCs, and that 'editorials' or 'success stories' may b…
Can a Washington lawyer place client trust funds in a higher-interest uninsured account with client consent, and must funds over the FDIC limit be split across banks?
No to both. The committee concluded RPC 1.14's requirement that trust funds sit in insured 'qualified public depositories' is mandatory and cannot be waived by client consent, and that RPC 1.14 does n…
Can a lawyer in a county bar referral service call a referred prospective client first, before the client contacts the lawyer?
No. The committee concluded that RPC 7.3(a) does not permit participating attorneys to initiate telephone or personal contact with prospective clients referred by a county bar lawyer referral service,…
Can a Washington lawyer pay for a listing in an out-of-state Internet legal directory like Martindale-Hubbell?
Yes, subject to the advertising rules. The committee concluded that web-based legal directories fall under RPC 7.2 just as print directories do, and that RPC 7.1 applies through RPC 7.2(a); the lawyer…
Can a lawyer who is also a CPA sign a CPA firm's noncompete that bars providing tax-related legal services to the firm's clients after leaving?
No, as drafted. The committee concluded the noncompete would violate RPC 5.6 because it restricted the lawyer's right to practice after termination, and that a damages-only remedy was still a restrict…
Can a law firm pay a non-lawyer lobbyist based on the fees the firm collects from clients the lobbyist refers?
No. The committee concluded that RPC 5.4 bars sharing legal fees with non-lawyers and RPC 7.2 bars paying referral fees for channeling work; any profit-sharing that includes non-lawyers must be based …
Can a lawyer jointly represent civil co-defendants where one defers control to the paying client, and take an advance waiver of future conflicts?
Yes, within limits. The committee concluded the RPCs do not bar joint representation of civil co-defendants; RPC 1.7 requires written consent after consultation and disclosure, RPC 1.2(c) lets a lawye…
Can a retired, inactive lawyer's retirement agreement with the former firm include a percentage 'referral fee' on fees generated?
No as to the referral fee. The committee concluded that the agreement's percentage 'referral fee' violates RPC 7.2, but retirement payments and compensation for future non-lawyer services that do not …
May a Washington lawyer join a for-profit website that lists lawyers offering fixed-fee or reduced-rate services?
Yes. The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from joining a for-profit Internet site giving users access to lawyers willing to work for fixed fees or lowe…
Can a lawyer advance a client's living expenses as 'expenses of litigation' under Washington RPC 1.8(e)?
No. The committee recommended that the phrase 'expenses of litigation' in RPC 1.8(e) not be modified or expanded to include a client's 'living expenses.'
Can a lawyer refer a client to another lawyer with whom the referring lawyer shares a business interest, such as a co-owned office corporation?
Yes, with conditions. The committee concluded the Rules of Professional Conduct do not prohibit referring a client to a lawyer with whom the referring lawyer has a common business interest, but the re…
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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.