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 law firm arrange with a charity to represent church members making donations, where the charity pays for the donor's document review and the firm also represents the charity?
The committee was of the opinion that the proposed arrangement was impermissible on three grounds: it would be an RPC 1.7(b) conflict if the firm also represents the charity on general matters, becaus…
Does a private criminal-defense lawyer have a conflict of interest when the lawyer's spouse is the city attorney for the same city?
The committee was of the opinion that a lawyer appointed to represent criminal defendants whose spouse is the city attorney must comply with RPC 1.7(b) and 1.8(i); if the spouse has no connection to a…
What must a law firm do when it learns a former partner overcharged clients for expenses and may have had access to client trust accounts?
The committee was of the opinion that the firm must disclose the former shareholder's conduct and the potential conflict to every client the shareholder could have stolen from, conduct an independent …
When a law firm subleases office space to another firm, are the two firms treated as one for conflict-of-interest purposes?
The committee concluded that there is no conflict of interest between the firms' clients so long as the firms stay separate, including separate staff, files, and computer network; but if they operate …
Can a lawyer who represents inventors take a royalty interest or a share of profits as a fee, and what conflicts arise if the lawyer also represents the manufacturers the inventors deal with?
The committee concluded that taking a royalty or profit share as a fee is a business transaction with the client governed by RPC 1.8, that the lawyer's own interests may conflict with the client's und…
May a lawyer or the lawyer's firm appear before a quasi-judicial administrative panel when a current client of the firm sits on that panel?
The committee concluded that if appearing before the panel, or appealing by writ of certiorari naming the panel members as defendants, would violate the appearance of fairness doctrine or other law, i…
Can a lawyer give pro bono bankruptcy advice to debtors at a legal clinic when the lawyer's firm represents creditors of those debtors?
The committee concluded there is no conflict if neither the lawyer nor the firm represents any creditor of the debtor, but an actual conflict requiring RPC 1.7 compliance if they do; the firm cannot u…
When a firm screens a conflicted lawyer, must that lawyer be cut out of the whole fee or only the profit, and does notifying the former client violate the no-contact rule?
The committee concluded that RPC 1.10(e)'s requirement that a screened lawyer be 'apportioned no part of the fee' means only the earnings or profit on the screened matter, not gross fees, so the firm …
Does a deputy prosecuting attorney have a conflict of interest when the prosecutor's spouse is a county probation officer?
The committee concluded RPC 1.7 applies and that any conflict from the marriage is one the client, the county, could consent to after disclosure, presuming the prosecutor reasonably believed the relat…
Can a lawyer advance a client's litigation costs to pay for a medical examination or for medical treatment?
The committee agreed RPC 1.8(e) is the governing rule, and noted that advancing costs for an examination would be permitted while advancing costs for treatment would be prohibited, but said it could n…
Can a lawyer dun delinquent clients under fictitious agency names, and can a lawyer use 'mediation' to jointly handle both spouses in a divorce?
The committee concluded that collecting fees under fictitious names such as 'Legal Audit Services' or 'Bureau of Legal Economics' would violate RPC 7.1(a) and/or RPC 8.4(c), and that, on the facts, la…
Can a criminal defense lawyer on leave of absence from a public defender agency accept assigned cases referred from that same agency?
The committee concluded the lawyer may take assigned cases from the public defender agency to the degree the cases are unrelated to the agency and there is no co-defendant or necessary witness present…
When may a lawyer advance funds to a client or make a gift to a client, and may a lawyer argue that a witness is not credible?
As summarized, the committee concluded a lawyer may advance funds to a client when no litigation is pending or contemplated, may make a gift to a client during litigation, and may argue that a witness…
Can a lawyer run a law firm and a public accounting (CPA) business at the same time and serve the same client through both?
The committee concluded the RPCs do not prohibit jointly operating a law firm and a CPA business, but said that when providing both services to the same client it is unlikely the lawyer could identify…
Can a lawyer who bought an escrow company bring deed-of-trust foreclosures for that company's clients, and is a release-of-conflict form enough to cure the conflict?
On the specific facts, the committee said it might hypothetically be possible to handle one foreclosure where the escrow company merely collects payments without violating the conflict rules, but the …
Is there a conflict of interest when the same prosecutor both prosecutes criminal charges and brings a related civil forfeiture proceeding?
The committee concluded there is no conflict of interest in the same lawyer bringing both the criminal prosecution and the civil forfeiture proceeding.
Can a lawyer take on an insurance company as a client while representing a current client who, as a bail bondsman, failed to pay funds owed to that insurer?
The committee concluded there is a substantial probability that representing the insurance company would be materially adverse to the current client who owed it money as a bail bondsman, and would vio…
If a current and a former client both consent to waive a conflict of interest, is there still a conflict, and must the consent be in writing?
The committee concluded that because the parties had consented to waive any conflict, no conflict is presented, but noted that RPC 1.7 requires the consent be written consent as that term is defined i…
Can one lawyer serve as both guardian ad litem and guardian of the estate for the same ward, and must the lawyer keep serving if the inconsistency surfaces?
The committee concluded that while serving as both guardian ad litem and guardian at the same time may be inconsistent, RPC 1.15(c) obligates the lawyer to continue in those positions if ordered to do…
Can a full-time state-college faculty member represent private clients bringing civil claims against other state colleges or universities?
The committee concluded the faculty-member lawyer could undertake such representation only if able to comply with RPC 1.7(b), and pointed to ABA Informal Ethics Opinion 84-1508 as addressing the issue…
After withdrawing from work that aided a nonlawyer business's unauthorized practice, can a lawyer accept referrals of that business's clients as the business shuts down?
The committee concluded the lawyer could represent clients previously handled through the nonlawyer business, so long as the lawyer's personal interests did not conflict with the current clients and t…
Can a lawyer represent a party in litigation against a defendant when the prospective client previously served as counsel for that same defendant?
The committee concluded the lawyer should decline the representation in both scenarios, because the prospective clients, as the defendant's former counsel, are bound by RPC 1.9(b) not to disclose the …
What rules apply when a lawyer also practices another profession, such as accounting, with the same clients?
The committee concluded a lawyer serving in a dual capacity, as a lawyer and in another discipline such as CPA, must comply with RPC 1.8 and Formal Opinion 187.
Under a screening setup, how must a firm handle the screened lawyer's fee share, and does the required notice to the former client violate the no-contact rule?
A screened associate may draw a regular salary but no case-based bonus; a screened partner must be kept out of the case income through documented accounting; and the RPC 1.10(b) notice does not violat…
After leaving government, can a lawyer use public information about an expert witness that the lawyer learned on the government job?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from using public information about an expert witness that the lawyer learned while employed by a governmen…
Can a prosecutor handle matters in a court where his spouse serves as judge, and what steps avoid a conflict?
The committee concluded the proposed steps were appropriate: the prosecutor's practice involved only search-warrant approvals, and his spouse would not review any warrants he had approved, with no und…
Can lawyers in a firm sue the city when one of the firm's lawyers serves on that city's council?
The committee concluded RPC 1.7(b) applies, but it lacked the facts to decide whether the conflict could be waived under RPC 1.7(b)(2), and on the limited facts was skeptical that it could.
Can a lawyer also run a private investigation business, and what duties carry over from the lawyer role?
A lawyer may run a separate investigation business, but must tell investigation clients he is not acting as their lawyer and that confidentiality may not apply; RPC 1.8, 7.3, and conduct rules like 8.…
Can a lawyer take a will contest on a contingent fee and represent two clients in the same contest?
Nothing in the rules bars a contingent fee in a will contest, and a lawyer may represent two parties in the same contest absent a present conflict, but must advise the clients about potential future c…
Must a lawyer serving as an arbitrator recuse when the lawyer has a pending civil case against an attorney representing a party in the arbitration?
The committee concluded the Rules of Professional Conduct do not address this situation; because the lawyer is acting in a quasi-judicial capacity, the question belongs to the Judicial Ethics Advisory…
After dropping one spouse, can a lawyer keep representing the other spouse in a car-crash case where the spouses blame each other?
The committee concluded RPC 1.7 permits the lawyer to continue representing the wife, provided the lawyer has the written consent of both the husband and the wife.
Can a lawyer who changed firms represent a client against a party that the lawyer's former firm represents, if the lawyer never worked on that matter?
The committee concluded there is no rule violation where the lawyer holds no secrets or confidences of the former client, but the lawyer carries the burden of showing compliance if the former client c…
Can one Washington lawyer simultaneously serve in private practice, as a city attorney, as a coroner, and take indigent criminal appeals?
The committee concluded that holding all of those roles presents conflicts of interest and is allowed only if the lawyer can satisfy RPC 1.7(a), which it seriously doubted was possible under the circu…
If a public defender's spouse works for the City Attorney, can the public defender handle cases against the City, and is the whole office disqualified?
The committee concluded RPC 1.8(i) barred the lawyer from representing a party in a matter in which the spouse represented the City absent the client's consent after consultation about the relationshi…
Can a lawyer keep representing a plaintiff after learning a defendant once consulted with the lawyer's then-partner, if the lawyer holds no confidences of that defendant?
The committee concluded that, where the lawyer had no confidences or secrets of the defendant who had consulted the lawyer's former partner, RPC 1.10(c) permitted the lawyer to continue representing t…
Can a city attorney privately represent an investor in an unrelated matter when that investor is also negotiating a development with the city?
The committee concluded that, as presented, there did not appear to be a clear violation of the conflict rules as long as there was full disclosure to all parties under RPC 1.7(b), and it expressly de…
Can a firm sue a city over a development when it represents the developer's architect on an unrelated matter but plans to withdraw, and the architect is not a party?
The committee concluded that, on the facts presented, there was no conflict of interest preventing the firm from undertaking the proposed representation.
Can a lawyer take a case against a parent whom the lawyer's former law partner once represented in a related matter?
The committee concluded the matter was governed by RPC 1.10, and that the lawyer had to determine whether he held confidences or secrets of the objecting party; if he did, the rule would require his d…
Can a U.S. Department of Justice trial attorney also serve as a judge pro tem in municipal court?
The committee concluded that neither the Rules of Professional Conduct nor the Code of Judicial Conduct prohibited a U.S. Department of Justice trial attorney from serving as a judge pro tem in munici…
Can a lawyer appear before a court commissioner who previously served as the lawyer's own counsel?
The committee concluded that appearing before a commissioner who had previously been the lawyer's own counsel raised no conflicts with the rules, with the single caveat that the lawyer must not attemp…
If a lawyer represents both spouses on a personal injury claim and they then divorce and fight over the proceeds, can the lawyer keep representing both?
The committee concluded the lawyer could continue to represent both spouses on the underlying personal injury claim, but if they could not agree on how to distribute the proceeds, they should be refer…
When does an initial consultation with a prospective client create confidences and a conflict that bars later adverse representation?
The committee was of the opinion that the attorney-client relationship exists when a reasonable client believes it does, that information from an initial interview is protected by RPC 1.6, and that un…
Is a firm disqualified before a court commissioner whose ex-wife the firm represented, and must it tell its clients about that connection?
The committee was of the opinion that the firm is not disqualified from having cases heard by the commissioner; if relevant, RPC 1.1 and 1.4(b) require disclosing the connection to the client, but the…
Can a lawyer hired by a partnership keep representing it in a dispute with one partner who is separately represented?
The committee adopted General Counsel's view that, where the lawyer holds no confidences of the contractor partner and never represented him except as a partner, there is no conflict precluding contin…
Can a Special Assistant Attorney General who represents the state also represent private clients suing the same state agency?
The committee was of the opinion that RPC 1.7(a) requires the lawyer to obtain the consent of both the state and the client if the lawyer is concurrently representing the state and representing other …
Can a lawyer who sometimes represents guardians ad litem also represent clients whose interests are adverse to a guardian ad litem?
The committee was of the opinion that whether a conflict exists depends on whether the lawyer is representing a guardian ad litem at the same time as a client adverse to that guardian ad litem, and th…
Can a former agency law clerk bring a class action against that agency over a legal violation discovered while employed there?
The committee was of the opinion that the lawyer could not represent a class action against the former government employer over a violation discovered during the employment, because doing so would vio…
Can a lawyer who represents a cooperative housing corporation buy a unit from that same corporation?
The committee was of the opinion that the lawyer could reasonably conclude she could continue to represent the corporation, with full disclosure and written consent, but could not represent the corpor…
Can a lawyer accept a referral fee from a financial services firm for sending clients there for loans?
The committee was of the opinion that a kickback of 1% of loan amounts for referring clients to a financial services firm violates RPC 1.8(f)(2) because it interferes with the lawyer's independent jud…
Can a lawyer work as an 'Advanced Underwriter' for a life insurance company while running a private law practice that exchanges referrals with it?
The committee raised several concerns: the acknowledgment form did not fully disclose conflicts under RPC 1.8, the sales involvement might impair independent judgment under RPC 1.8(f), trading insuran…
Can a lawyer be 'of counsel' to more than one firm, or a partner in two firms, and use the lawyer's name in each firm name?
The committee was of the opinion that there was no ethical impropriety with any of the multi-firm relationships posed, but that the lawyers should be aware of RPC 1.7 conflicts, RPC 1.10 imputed disqu…
Can a firm that once represented a couple now represent the opposing insurer in those former clients' personal injury suit?
The committee was of the opinion that if the matters are substantially related the firm must withdraw under RPC 1.9(a), and that even if they are not substantially related the firm must still withdraw…
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 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 firm do criminal defense work in a district court covering a city where one of its lawyers sits on the city council?
The committee was of the opinion that this does not present a per se conflict precluding the firm from criminal defense work, but might raise a potential conflict in a particular case, to be dealt wit…
Can the law partners of a part-time court commissioner represent parties in a matter where the commissioner signed a temporary order?
The committee was of the opinion that issuing a temporary restraining order is 'substantial participation,' so under RPC 1.12(a) and (c) the partners may take the representation only after disclosure …
Can the lawyer for a general partnership represent the partnership in a lawsuit against one of its own partners?
The committee was of the opinion that a partnership's lawyer is not automatically the lawyer for individual partners, and that whether the lawyer may proceed against a partner turns on whether the rel…
Can a lawyer who refers insurance-related work to a firm and does work for its clients be designated 'of counsel' to that firm?
The committee was of the opinion that, on the facts presented, the use of the term 'of counsel' was probably appropriate, while flagging the fee-splitting restrictions in RPC 1.5 and the conflict requ…
Can a lawyer be named as trustee or personal representative in a will or trust the lawyer drafts for the client?
The committee addressed the question by referring the inquirer to its earlier Informal Opinion 86-1 and to the Shaughnessy cases and Estate of Larsen, 103 Wn.2d 517 (1985), cited there.
Can a government lawyer negotiate for a job with the affiliate of a company the lawyer has been investigating?
The committee was of the opinion that if the lawyer would continue to participate in the investigation, RPC 1.11(c)(2) bars negotiating employment with the bank or its lawyers; if there would be no fu…
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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.