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 sign a hold harmless agreement with an insurer promising to pay a client's unpaid medical bills from the client's settlement funds?
The committee was of the opinion that a lawyer may enter such an agreement if the client consents after disclosure, that the conflict rules including RPC 1.8(c) must be complied with, and that once en…
Can a lawyer represent a state agency in third-party claims while also representing other clients who are adverse to that agency?
The committee was of the opinion that the lawyer could represent the agency so long as it was not directly adverse to another client under RPC 1.7(a); if interests were adverse, or if the lawyer took …
Can a former Assistant Attorney General sue a college he once advised, both on his own behalf and for other clients?
The committee was of the opinion that the lawyer could pursue his own contract claim because RPC 1.6 permits disclosing confidences as needed to establish a claim against a former client, and the othe…
Can a lawyer who once represented a public agency later appear before that agency for a private client in a related matter?
The committee was of the opinion that, on the facts presented and where the lawyer holds no confidential information beyond what came out in public hearings, there is no conflict under RPC 1.9 and 1.1…
Can an insurance company's in-house counsel offer to pay outside lawyers an hour of fees to explain the company's product to those lawyers' own clients?
The committee was of the opinion that in-house counsel may not offer the program, because it presents a substantial likelihood of inducing lawyers to violate RPC 1.8(f) and 5.4(c), which would in turn…
Can a lawyer serve as a part-time court commissioner or judge in courts where other lawyers in the firm appear?
The committee was of the opinion that the lawyer could not hear any case in which firm members were involved and could not later appear in Superior Court on a case the lawyer had previously heard in D…
Can a firm take court-appointed criminal defense cases when it also represents the county sheriff and one of its lawyers is married to a town prosecutor?
The committee was of the opinion that the arrangement complies with RPC 1.7 and is permissible where the firm discloses conflicts in open court, obtains client consent, and the court does not appoint …
May a part-time court commissioner who hears juvenile or family cases in Superior Court also practice in other areas before that same court?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a part-time commissioner from also practicing before the same court in other areas, provided the lawyer advises …
Does the business-transaction-with-a-client rule, RPC 1.8(a), govern negotiating a new fee agreement with an existing client for a different matter?
The committee was unanimously of the opinion that RPC 1.8(a) does not apply to attorney-client fee agreements.
Can a lawyer give the executrix-client a share of the legal fee instead of her taking an executrix fee, to hide her compensation from another heir?
The committee was of the opinion that the arrangement is prohibited on multiple grounds: its purpose to deceive the client's brother violates RPC 1.2(d), it amounts to prohibited financial assistance …
If a lawyer serves as a part-time municipal judge, may the lawyer and the firm represent clients adverse to the municipality in matters outside the municipal court's jurisdiction?
The committee was of the opinion that RPC 1.11 and 1.12 are the applicable rules and that, on the facts presented, nothing in those rules prohibits the lawyer or the firm from representing clients adv…
After serving as a child's guardian ad litem to review a settlement's adequacy, may the lawyer then represent the child's parents?
The committee was of the opinion that representing the parents after serving as the child's guardian ad litem would create a conflict of interest prohibited by RPC 1.7(b)(2), and that the GAL's only d…
When a court orders a public defender to keep representing a defendant despite a possible conflict, must the lawyer continue?
The committee was of the opinion that RPC 1.15(c) requires the lawyer to continue representing the defendant pursuant to the judge's order, but because the matter is currently in litigation the commit…
May a firm negotiate a merger with another firm when it formerly represented clients adverse to the other firm's clients in ongoing litigation?
The committee was of the opinion that the firm could enter into merger negotiations provided no confidences or secrets of its former client were disclosed, but that RPC 1.9(a) would prohibit a merger …
May a lawyer also work as a mortgage broker from the same office, and solicit that brokerage business from current and former clients?
The committee was of the opinion that the lawyer must disclose to the parties that the lawyer is not acting as their attorney; may run both the law practice and the brokerage from one office but must …
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…
May an insurance-defense firm use a target-budget system that pays the firm a bonus for handling cases under budget?
Based on the facts submitted, the committee was of the opinion that the proposed target-budget bonus system raised no violations of the Rules of Professional Conduct, so long as the firm complies with…
If a lawyer joins the state legislature, can the lawyer keep representing a plaintiff in a lawsuit against the State?
The committee concluded that on becoming a legislator the lawyer had a duty under RPC 1.7 to advise the client of the potential limitations the political career posed and to assess whether that career…
Can a client sign an advance consent agreement waiving any future objection to the lawyer later representing an adverse party?
The committee concluded that a lawyer may not prospectively obtain a consent waiving all future objection to representing an adverse party, even where the conflict was identified in advance; the forme…
If a prosecutor's office employs a judge's spouse as a special deputy, must that be disclosed when an office lawyer appears before that judge?
The committee concluded that the prosecutor's office had to disclose to adverse parties that it employed the judge's wife as a special deputy whenever a lawyer for the office appeared before that judg…
Does a lawyer have to tell the opposing party that the lawyer is married to the client's treating chiropractor?
The committee concluded that nothing in the rules required the lawyer to disclose the marital relationship between the lawyer and the client's chiropractor to an opposing party, unless the lawyer was …
Can a lawyer call his or her own spouse as a witness for the lawyer's client, and does the lawyer have to do anything about the relationship?
The committee concluded that where calling the lawyer's spouse as a witness might impair the lawyer's independent judgment and adversely affect the client's case, the lawyer had to disclose those fact…
Is a part-time contract lawyer 'associated with' a firm for conflict purposes, so the firm's conflict bars the contract lawyer too?
The committee was of the opinion that a lawyer working part-time on a contract basis with a firm is 'associated with' the firm as that term is used in RPC 1.10(a), so the contract lawyer can represent…
When a lawyer also serves as a part-time or pro tem judge, can the lawyer issue a search warrant for a firm client, tell the client, or later represent that person?
The committee deferred the judicial-conduct question to the Judicial Ethics Advisory Committee, but was of the opinion that RPC 8.4(d) prohibits the lawyer from telling the client about the warrant si…
Can a firm keep representing a husband in a dissolution when the wife once briefly consulted an associate who has since left the firm?
The committee was of the opinion that, because the firm holds no confidences or secrets of the wife and the associate she consulted is no longer with the firm, there is no violation of RPC 1.10(c)(2) …
Can a lawyer who was consulted by (and declined to represent) a husband in a dissolution later serve as guardian ad litem for the children?
The committee was of the opinion that there was no conflict in serving as guardian ad litem, because the husband, by asking the lawyer to act, waived any conflict, and the wife, told of the arrangemen…
Can a lawyer keep representing clients in one suit when a nominal former client, for whom the lawyer holds no confidences, is adverse to them in an unrelated suit?
The committee was of the opinion that, if the lawyer has no confidences or secrets of the person for whom the lawyer entered a notice of appearance, and assuming the lawyer is permitted to withdraw fr…
Does a lawyer who represents the personal representative of an estate have a conflict of interest with the estate's beneficiaries?
The committee was of the opinion that the lawyer for a personal representative represents the personal representative, not the beneficiaries, so there is no conflict in continuing that representation;…
If a lawyer runs a legal research and writing business serving only law firms, do the fee-splitting, third-party-payment, and conflict rules apply?
The committee was of the opinion that a lawyer whose only clients are law firms is not subject to the division-of-fees rule (RPC 1.5(e)) or the third-party-compensation rule (RPC 1.8(f)); need not dis…
If volunteer lawyers from different firms take pro bono cases through a legal services office, can they be on opposite sides of cases?
The committee was of the opinion that private-practice lawyers who volunteer pro bono services through a legal services organization are not practicing 'in association' with each other, so the fact th…
Can a lawyer who drafts a client's will be named as the testamentary trustee in that will?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from being named as a testamentary trustee in a will the lawyer prepared, and referred the in…
Can a lawyer who represents the receiver of an insolvent insurer also be appointed by the receiver to defend the insurer's individual insureds?
The committee was of the opinion that the lawyer has a conflict of interest, because the receiver's duty to maximize assets for all insureds conflicts with each insured's interest in prompt full payme…
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.
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 who handled a man's divorce later represent his new wife in her divorce from him?
The committee was of the opinion that the new representation was substantially related to the prior dissolution, so the lawyer could undertake it against the former client only by complying with RPC 1…
Can a lawyer take a contingent fee paid from the proceeds of selling material excavated under a permit the lawyer obtained for the client?
The committee was of the opinion that such a contingent fee does not violate RPC 1.8(j) and creates no conflict because the lawyer's interest is only an added incentive to win a good result; but if th…
How do you decide whether a prior attorney-client relationship existed so that taking a new matter creates a conflict?
The committee was of the opinion that whether an attorney-client relationship previously existed depends on what a reasonable person in the 'client's' position would have believed; if such a person wo…
Can a lawyer who sits on a public defender organization's board contract to represent clients the office can't take because of conflicts?
The committee was of the opinion that a lawyer may contract to represent clients the public defender office cannot represent due to conflicts, but the board member's participation in the office's deci…
Can a lawyer be paid for legal work by receiving stock in the client corporation?
Asked about a fee agreement compensating the lawyer with stock in the client's corporation, the committee was of the opinion that a published Bar News article (August 1987, by committee member Dale Ra…
Can a lawyer accept client referrals from a person who solicits charitable gifts for a religious organization?
The committee was of the opinion that, on the facts presented, accepting such referrals would not violate RPC 7.3 where the potential clients contact the lawyer themselves and the relationship and fee…
Can a lawyer advance funds to a client in anticipation of a not-yet-approved industrial insurance (L&I) claim?
No. The committee was of the opinion that advancing funds on an unapproved L&I claim is not authorized by RPC 1.8(e) and may also be a business transaction failing RPC 1.8(a); but once the claim is ap…
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 …
Can a lawyer keep representing a client against a person who has become the client of another lawyer in the same firm?
Only with consent. The committee was of the opinion that RPC 1.7 and/or 1.9 would bar the firm from continuing to represent the client in the dispute unless each party consented to the representation …
Can a lawyer who has a personal claim against an estate also serve as the lawyer for that estate?
The committee was of the opinion that filing a statutory claim against an estate is not itself unethical, and that the real question, governed by RPC 1.7(c), is whether the lawyer may undertake to rep…
Must a lawyer who helped run a judge's election campaign disclose that relationship before appearing in front of that judge?
Yes. The committee was of the opinion that a lawyer who was a principal in a judge's campaign committee may practice before that judge only with full disclosure of the campaign relationship to adverse…
Can a lawyer keep representing a client against a union when an associate in the firm does legal work for the local union and the parties have consented?
Yes. The committee was of the opinion that because the parties had been advised of the potential conflict of interest and consented to the lawyer's continued representation, nothing in the Rules of Pr…
Is a lawyer or his new firm disqualified from suing parties his former firm defends, when he did no work on the matters at the old firm?
No, on the facts presented. The committee was of the opinion that neither RPC 1.9 nor RPC 1.10 disqualified the lawyer or his firm from representing plaintiffs against parties his former firm defends,…
Can a lawyer represent a wife in a dissolution when a partner in the firm earlier defended the husband on an unrelated criminal charge?
Yes. Based on the facts presented, the committee agreed with the inquiring lawyer's analysis that RPC 1.9 created no conflict of interest preventing the lawyer from continuing to represent the wife, d…
Can a lawyer share a referred fee with the lawyer who made the referral when that referral may create a conflict of interest for the referring lawyer?
It depends on the matter. The committee was of the opinion that the lawyers could enter a reasonable fee-sharing agreement on the original products-liability case, but that on the related negligence c…
When an insurer-retained defense lawyer faces a coverage dispute between the insured and the insurer, must the lawyer withdraw?
On the facts presented, the committee was of the opinion that the lawyer must advise both the doctor and the insurer that the lawyer must withdraw and new counsel must be substituted for the doctor, a…
When a county prosecutor brings a paternity or child-support case for the State, can the same prosecutor also represent the mother, and what must the prosecutor tell her?
The committee declined to give yes-or-no answers to the hypotheticals and instead set out the analysis: the prosecutor's first client is the State (DSHS), a second attorney-client relationship with th…
Can a lawyer personally guarantee a settlement payment on behalf of a client?
No. The committee was of the opinion that it would not be proper for a lawyer to personally guarantee a settlement payment on behalf of a client. It declined to opine on a related question about a law…
Does representing a homeowners association in a land-use case conflict with the same lawyer enforcing the association's assessments against its members?
No. The committee was of the opinion that the lawyer's client is the association, and representing it in a land-use matter does not conflict with representing it in enforcing assessments and covenants…
After a firm represented both spouses in estate planning, can a firm lawyer represent the wife in a divorce over the husband's later objection if he gave written consent?
The committee was of the opinion that where the husband had given written consent (including acknowledgement of his right and opportunity to seek counsel) to the lawyer representing the wife in the di…
Does a criminal defendant's threat to sue the prosecutor create a conflict that bars the prosecutor from continuing the case?
No. The committee was of the opinion that when a prosecuting attorney has been threatened with a lawsuit by a criminal defendant, the prosecutor is presented with no conflict such as to prevent the pr…
Can the lawyer who drafted a will serve as the sole trustee of the trust it creates and also as guardian for the trust's beneficiary?
The committee did not give a clear yes or no. It was of the opinion that although the Rules of Professional Conduct may not directly prohibit a will-drafting lawyer from serving as both sole trustee a…
Can a lawyer who switched firms work on a case against a former firm's client if the lawyer never touched that client's matters?
Yes. The committee concluded that where the lawyer had not worked on the cases or any other matters for the former firm's clients and had acquired no confidences or secrets, nothing in the Rules of Pr…
Can a lawyer guarantee a loan to a client to help them avoid foreclosure and keep up their litigation?
No. The committee concluded that RPC 1.8 prohibits a lawyer or law firm from guaranteeing a loan to a client to let the client forestall a deed-of-trust foreclosure, where the point was to help the cl…
Can one lawyer represent both a husband and wife in separate criminal domestic violence cases they have against each other?
No. The committee was of the opinion that one lawyer representing both spouses in separate criminal domestic-violence cases against each other is a conflict of interest, because the lawyer would have …
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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.