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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If a lawyer's own client turns out to be the opposing party's expert witness in another case the lawyer is defending, can the lawyer keep handling that case?
No. The committee agreed that when a lawyer's client would appear as the opposing party's expert witness in a second case the lawyer was defending, putting the lawyer in the position of deposing and c…
If a lawyer who was a child's guardian ad litem joins the firm representing the parent accused of injuring the child, can the firm keep representing the parent?
The committee concluded that under RPC 1.7(b) the firm could continue representing the mother only after disclosing the lawyer's prior role as the child's guardian ad litem to the child's current guar…
Can a lawyer sue a defendant whom the lawyer's partner once represented in an unrelated dissolution and will?
Yes. The committee concluded RPC 1.9 did not prohibit the representation because the auto-accident case was not substantially related to the partner's earlier dissolution and will work for the defenda…
Is a judge's law clerk who worked on asbestos cases barred from later representing parties in other asbestos cases with the same defendants?
No. The committee concluded that RPC 1.12(a) disqualifies a former law clerk only from the same matter the clerk worked on, not from other cases involving parties who happened to appear in that matter…
Can a lawyer own a counseling business, serve as its director and general counsel, and accept client referrals from it?
The committee said nothing barred owning the business or serving as both director and general counsel, but RPC 1.7 requires checking whether the dual role would compromise independent judgment, paying…
Can a lawyer who left a federal agency join a firm that sues the agency, and can the firm screen the lawyer from cases he worked on?
Per the opinion, the lawyer may work on matters adverse to the former agency in which he had no involvement; for cases he participated in 'personally and substantially,' RPC 1.11 bars his involvement …
Must a firm withdraw from a case against a party who earlier delivered documents to the firm when it was consulted on a different matter?
Per the opinion, no; assuming an attorney-client relationship existed when the now-adverse party delivered documents, RPC 1.9 did not compel withdrawal because the pending proceeding was not substanti…
If a parent hires and pays a lawyer to represent their child in a dependency case, can that lawyer contact the child directly when the court has appointed a guardian ad litem?
The committee concluded there is no inherent conflict merely because a third party pays the lawyer, but that under RPC 1.8(f) the guardian ad litem, who stands in for the child, must consent before th…
Can a lawyer represent a husband in post-dissolution proceedings when the lawyer's former firm once consulted the wife, if the lawyer learned no confidences?
The committee concluded that a lawyer who was formerly with a firm the wife had consulted about a dissolution, but who gained no confidences, was not prohibited by RPC 1.10(b) from representing the hu…
If a law firm hires a lawyer from a public defender office that represented an adverse co-defendant, must the firm withdraw?
The committee concluded that under RPC 1.10(b) a firm representing a criminal defendant on appeal had to withdraw if it hired, as an associate, a lawyer who had represented the co-defendant who testif…
Can a lawyer oppose a person who was the codefendant of a prior client, when the lawyer never gained that person's confidences?
The committee concluded that, because the lawyer represented a co-defendant who had a cross-claim against A and shared no confidences or secrets of A, the rules would not prohibit the lawyer from now …
Can a freelance contract lawyer work for two lawyers who frequently oppose each other in family law cases?
The committee concluded the arrangement was permissible because the contract lawyer would not work on cases where the two lawyers were adverse; the lawyer had to guard against disclosing confidences a…
Can a firm sue someone its lawyer once defended on a DWI charge, when the new auto-accident case arises from related facts?
The committee concluded that the prior DWI representation was substantially related to the auto-accident suit, so under RPC 1.9 the firm could not continue representing the plaintiffs without the form…
Can a lawyer who represented both spouses now represent the wife in seeking a guardianship over her disabled husband?
The committee reached no definitive answer, but discussed that RPC 1.9(b) would bar the representation if it would use confidences or secrets about the husband from the prior work; it saw the guardian…
Can a firm sue a former client on a matter unrelated to the work it once did for that client?
The committee concluded that, because the firm's prior representation of the developer was unrelated to the new suit against him, the firm could represent the new client provided the representation wo…
When an insurer hires a lawyer to defend its insured, can the insurer direct the lawyer to file a motion the insured has not approved?
The committee concluded that, under RPC 5.4(c), a lawyer representing an insured must follow the client's instructions rather than the carrier's, so the lawyer could move for summary judgment at the c…
Can a proposed appointment system for juvenile court cases comply with the rules on conflicts and fee division?
The committee concluded that the proposed appointment program appeared fully consistent with the Rules of Professional Conduct, noting it appeared to account for the conflict-of-interest requirements …
Can a lawyer represent someone harmed by a former client, when the new case turns on the former client's conduct?
The committee concluded that RPC 1.9 would let the lawyer take the new representation only with the former client's consent after full disclosure; because obtaining that consent could be detrimental t…
Can a lawyer designate another lawyer to take over contacting clients if the lawyer becomes unavailable for an extended period?
The committee concluded that a lawyer could name another lawyer to be responsible during an extended absence, where that lawyer would simply contact the clients and tell them to find new counsel; exce…
If two people with adverse claims arising from one person's death each consulted the same firm, can the firm represent either of them?
The committee concluded that RPC 1.9 prohibited any lawyer in the office from representing either potential claimant, because the office had an attorney-client relationship with each side and might re…
Can a lawyer who formed and represented a closely held corporation or partnership take a matter adverse to its owner or in a partnership dissolution?
No. The committee concluded that a lawyer who formed and represented a one-shareholder professional services corporation cannot represent others in a dispute with its owner, who could reasonably belie…
Can a Washington lawyer prepare a will that names the lawyer as a beneficiary or as executor?
The committee concluded that RPC 1.8(c) prohibits a lawyer from preparing an instrument giving the lawyer or a close relative a substantial gift unless the client is related to the lawyer, but that no…
Can a lawyer serve as the trustee in a deed-of-trust foreclosure while also representing the lender (beneficiary)?
The committee concluded that a lawyer-trustee who also represents the beneficiary can serve both roles only when the trustee's duty to the grantor does not materially limit the representation of the b…
Does a lawyer representing a corporation against its employee's unemployment claim face a former-client conflict or a lawyer-as-witness problem?
On the limited facts, the committee could only say the lawyer representing the corporation contesting the employee's unemployment claim had to comply with RPC 1.9, and noted that if the lawyer would b…
Can a lawyer sue the State when another lawyer in the same office previously served on a state commission dealing with a related subject?
Per the opinion, yes; the committee found no conflict or breach of confidences, and no RPC 1.11 violation, because of the narrow definition of 'matter' in RPC 1.11(d).
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 …
Will the WSBA ethics committee resolve a conflict-of-interest question when the inquiry sets out only limited facts?
No. Because the inquiry set out only limited facts, the committee declined to say more than that the lawyer had to comply with RPC 1.7.
Does a lawyer have to tell the client about credits toward a free trip from the court reporter service the firm uses?
The committee concluded that a promotional scheme in which a court reporter service gave the firm credits toward a free trip would have to be disclosed to the client in conformance with RPC 1.7(b).
Can a lawyer hire a court reporting service that is also one of the lawyer's clients, and must the lawyer disclose that?
The committee concluded that nothing in the Rules prohibits a lawyer from using a court reporting service that is also a client of the lawyer, and that the lawyer would have no obligation to disclose …
Does a lawyer representing a parent in a tort case have to protect the children's loss-of-consortium claims?
The committee concluded that a lawyer for a parent need not contact adult children about their loss-of-consortium rights, but must have a guardian ad litem appointed to protect minor children's intere…
When a lawyer moves to a firm that opposes clients of the lawyer's old firm, is the new firm disqualified?
The committee concluded that, so long as the moving lawyer has no actual knowledge of the adverse parties' confidences or secrets and is not involved in the case, RPC 1.10 would not disqualify the new…
If a lawyer is a staff attorney for a mortgage company handling closings, what must the lawyer tell the buyer and seller about who the lawyer represents?
The committee concluded that a staff attorney handling closings for a mortgage company must disclose to the parties that the lawyer represents the company, not the buyer or seller, and that the partie…
Can a lawyer appear before a Court Commissioner who used to work at the lawyer's firm?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from appearing before a Court Commissioner formerly associated with the lawyer's office, and suggested the …
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…
Does serving as a state-paid guardian ad litem in paternity cases conflict with privately representing parents in other, unrelated paternity cases?
No. The committee concluded that being appointed and paid by the state as a guardian ad litem in paternity cases does not present a conflict of interest with privately representing a mother or father …
Can a lawyer hire a legal secretary who came from an opposing firm and knows the confidences of clients adverse to the lawyer's own clients?
No. The committee concluded that under RPC 5.3 it would be improper to employ a secretary who has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clie…
Can a city attorney serve on the board of a civic organization that is suing the city, without violating the conflict rules?
The committee concluded that, by analogy to RPC 6.3, a city attorney could serve on the board of a civic body adverse to the city in litigation if the attorney was isolated from any access to the case…
Can a lawyer represent a party against a former client in unrelated litigation?
On the facts presented, the committee concluded that representing parties adverse to a former client in unrelated litigation does not violate RPC 1.7, because there was no present attorney-client rela…
When a firm hired by an insurer to defend its insured under a reservation of rights also represents the insurer, what can it reveal to the insured about that relationship?
The committee concluded the firm must disclose to the insured any facts about its representation of the insurer that could cause a conflict, but it could make only a general disclosure of that represe…
Can a lawyer own an escrow company with a non-lawyer, share office space with it, and let it refer customers to the law practice for related legal work?
The committee concluded that owning the escrow company and sharing space with the law office is proper, but that the escrow company may not refer its customers to the lawyer for related legal business…
If a lawyer's law partner is a part-time court commissioner who signed a dissolution decree, is a later enforcement or modification the same 'matter' under RPC 1.12?
The committee concluded that a part-time court commissioner's signing of a default or agreed dissolution decree is substantial participation in the matter as a judge, and that any post-decree action i…
If the lawyer probating an estate teams up with a lawyer who earlier represented a beneficiary, can either keep working on the estate?
On the limited facts, the committee concluded that where the attorney probating an estate became associated with a second attorney who had previously represented one of the adult beneficiaries in prot…
Can a prosecutor's office collecting child support represent two parents seeking support from the same parent when there may not be enough money for both?
By a 9-0 vote, the committee concluded that the prosecutor's office could represent both claimants only if it reasonably believed the joint representation would not adversely affect either client and …
If a lawyer leaves a firm to work as a contract attorney for several firms, can the new firms take cases against the old firm?
On the facts presented, the committee found no ethical impropriety in a departing contract lawyer associating with firms adverse to the former firm's clients, as long as the lawyer was not involved in…
If a lawyer and their spouse are on opposite sides of a case, one defending and one prosecuting, can both keep working on it?
When the two spouses are personally on opposite sides of the same case, DR 5-101 and RPC 1.8 require full disclosure to both clients and the clients' consent to continued representation; when only the…
Can a legal services funding contract require a lawyer to report information that reveals individual clients' identities and the time spent on their cases?
The committee concluded that a legal services contract requiring disclosure of information from which specific clients' identities and the time spent on their cases could be determined is improper and…
If a lawyer represents a married couple jointly and they then file for divorce, can the lawyer keep representing them in their other lawsuit?
The committee unanimously advised that the spouses' dissolution filing creates a conflict in the joint contract suit; the lawyer must disclose the conflict, tell the clients to discuss it with their o…
Can a lawyer represent the opposing lawyer in an unrelated matter while the two are on opposite sides of a pending case?
The committee concluded that a lawyer can take on the opposing lawyer as a client in an unrelated matter if the lawyers reasonably believe it will not adversely affect their other responsibilities and…
If a lawyer's client is a financial planner, can the lawyer also give legal advice to the planner's customers about products the planner sells, such as living trusts?
On the limited facts given, the committee could not issue a full opinion and asked for more information; it stated that if the lawyer's client is the financial planner, the lawyer could not give legal…
Can a prosecuting attorney privately represent a defendant in a civil case arising out of the same accident the prosecutor charged the other party over?
The committee concluded that a prosecuting attorney was precluded from accepting private employment to defend a railroad in a civil damages suit brought by a truck driver the prosecutor had earlier pr…
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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.