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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Which trust-account rules must a lawyer licensed in Washington and another state follow when the rules conflict?
The committee concluded that a dual-licensed Washington attorney must adhere to Washington trust-account procedures under RPC 1.14 whenever the Washington license is used to represent a client and rec…
Can the ethics committee say whether a statute criminalizing advice on asset transfers to qualify for benefits affects a lawyer's duties?
The committee declined to opine, explaining its procedural rules bar it from ruling on questions of law, including the validity, applicability, or constitutionality of the cited statute, and noting on…
What should a lawyer do when a divorce client disappears and the case is not finished?
The committee concluded the lawyer may withdraw if she complies with RPC 1.15, should make reasonable efforts to contact the client and notify her of the status under RPC 1.4(a), should retain the fil…
Can a firm sell its fee judgment against a former client to the opposing party in the litigation the firm handled?
The committee said assigning, for compensation, the firm's judgment against its former client to the defendant in the litigation in which the firm previously represented that client does not meet the …
Can two lawyers who are married to each other appear as opposing counsel?
The committee was of the opinion that, depending on the facts of each case, the spouse-lawyers must comply with RPC 1.7(b) and RPC 1.8(i), and that as to any confidences or secrets both must comply wi…
Can a lawyer advertise past jury verdicts, damage awards, or client testimonials, and what disclaimer is needed?
The committee concluded that advertising specific results, such as jury verdicts or damage awards, does not comply with RPC 7.1(b) even if true unless it carries an equally prominent disclaimer tellin…
Must a Washington lawyer who receives more than $10,000 in cash from a client disclose the client's identity on IRS Form 8300?
The committee concluded the lawyer must file Form 8300 as federal law requires, but where the client's identity is confidential under RPC 1.6 the lawyer must omit the identifying information, inform t…
Can a lawyer who rents office space from a law firm represent a client adverse to one of that firm's clients?
The committee concluded the RPCs do not prohibit a tenant lawyer from representing clients adverse to the landlord firm's clients, provided the businesses are separate, the tenant exercises caution to…
Can a firm keep a non-partner's name in the firm name on its letterhead, and may that lawyer instead be listed 'of counsel'?
The committee concluded it is improper to keep a non-partner's name in the firm name on the masthead letterhead, but that it is not improper to list the lawyer as 'of counsel' where he continues to wo…
Can a part-time tribal court judge also represent litigants in that same tribal court?
The committee concluded RPC 1.12 does not prohibit a part-time tribal court judge, at trial or on appeal, from representing a litigant in the court in which the judge sat, so long as the matter is tot…
Can a lawyer for a nonprofit meet with potential donors about wills and charitable trusts benefiting the nonprofit?
The committee saw no impropriety under the RPCs where the lawyer would represent only the nonprofit, meet potential donors only in the presence of their separate counsel, and disclaim any representati…
Can a lawyer use the Vietnamese word 'chuyên' in advertising, given its meaning as a claim of specialization?
The committee concluded that use of the Vietnamese word 'chuyên' in lawyer advertising is a violation of RPC 7.4, based on a language expert's interpretation of the word.
Can a lawyer run an advertisement comparing the lawyer's services to a named competitor's practice of not filling out clients' forms?
The committee concluded the proposed immigration advertisement would mislead prospective clients in violation of RPC 7.2(a) because it omits material facts, and that statements about a competitor's pr…
Should the state bar endorse a private group's legal hotline or lawyer referral program?
The committee unanimously concluded the WSBA should not endorse private groups in lawyer referral programs, stating the concept as presented violates RPC 8.4(c) and would place the WSBA in the positio…
Must a lawyer withdraw from a civil case when the lawyer's partner was briefly appointed to defend the opposing party but withdrew immediately?
The committee concluded the inquiring lawyer is not required to withdraw from representing the civil plaintiff, assuming no confidences or secrets within the meaning of RPC 1.6(a) were received by the…
Does a criminal defense lawyer have a conflict of interest when the lawyer's domestic partner is a deputy prosecuting attorney?
The committee did not issue a fresh analysis; it concluded that its previous Opinions 1555 and 1574 provide the answer to the question of a criminal defense lawyer whose domestic partner is a deputy p…
Can a bankruptcy lawyer withdraw when the debtor cannot pay, and must the lawyer continue after a Chapter 11 case converts to Chapter 7?
The committee concluded a bankruptcy lawyer may withdraw when there is no means for the debtor to pay fees and need not continue representing a Chapter 11 debtor in possession when the matter is conve…
Can a lawyer send clients a letter reserving the right to destroy their file if they do not pick it up within two weeks?
The committee concluded that it is a violation of RPC 1.15(d) to send the proposed letter reserving the right to destroy a client's file if it is not claimed within two weeks.
Can a lawyer advertise a family law 'divorce and custody survival' seminar aimed at prospective litigants?
The committee concluded that, to the extent the advertisement contains only factually accurate statements with appropriate disclaimers, it is not necessarily in violation of the Rules.
What should a lawyer do after receiving confidential deposition transcripts that were not meant for the lawyer?
The committee concluded the Rules of Professional Conduct do not address the receipt of misdirected confidential documents and, given the lack of guidance and the lack of consensus in other jurisdicti…
Can a former deputy prosecutor handle a criminal defense appeal in a case that was pending in his old office, if he never worked on it personally?
The committee concluded there is no RPC violation as long as the lawyer complies with RPC 1.7(b); RPC 1.11(b) and 1.9(a) are not violated so long as the lawyer did not participate personally and subst…
After two firms merge, can they keep operating under their two former names, and must they notify the merged-in firm's clients?
The committee concluded that, on the facts presented, the merged firms' continued use of two separate firm names is misleading under RPC 7.1(a) and 7.5(a); there is no separate requirement to send for…
Can a lawyer participate in a group legal marketing program (Lawstar) that gives subscribers free or reduced-fee legal services?
The committee reviewed the inquiry about the Lawstar program and determined that its previous Opinion 1681, addressing such group legal marketing programs under RPC 7.2(c), continues to be valid.
Is it fee splitting for a lawyer to pay an independent paralegal a flat fee that is then billed to the client as a cost?
The committee concluded that paying an independent paralegal a flat fee as part of the compensation for case work is not prohibited fee splitting with a nonlawyer, provided the lawyer makes reasonable…
Can a prosecutor who was formerly a public defender prosecute a former client, and is the whole office disqualified?
The committee concluded a lawyer cannot prosecute a former client if the matters are substantially related or confidences were revealed; a screened reassignment to another lawyer in the office usually…
Can a lawyer employ a suspended lawyer as a paralegal, clerk, or assistant in the law office?
The committee concluded that a suspended lawyer is not allowed to serve as a paralegal, clerk, or assistant in law-related matters, citing RLD 1.1(h), RLD 8.2, and RCW 2.48.220.
Can a lawyer employed by a nonprofit give free estate-planning consultations to potential donors in exchange for a suggested donation to the nonprofit?
The committee concluded the arrangement violates RPC 7.2(c) because it creates the appearance that the nonprofit is recommending the lawyer, and it creates a conflict under RPC 1.7(a) between the nonp…
May a lawyer sign a settlement agreement that bars disclosure of the settlement's terms, conditions, or existence?
The committee concluded that a lawyer's signing such a confidentiality agreement does not, by itself, violate RPC 1.6, 1.7, or 8.4; it declined to comment on whether a lawyer may propose such an agree…
Can a personal trust services company collect a lawyer's fee before the lawyer meets the client and refer clients to lawyers who use the company's fee schedule?
The committee found ethical concerns: a trust company obtaining the fee agreement and collecting the fee before the lawyer meets the client implicates RPC 5.4(b), and referring clients to lawyers who …
Can a lawyer share fees with or associate with a nonlawyer who represents Social Security claimants?
The committee concluded the proposed arrangement is barred by the express, unambiguous language of RPC 5.4(a), 5.4(b), and 7.2(c), and that no exception applies even though nonlawyers may legally prac…
Can a lawyer-creditor tell the bankruptcy court that a former client hid property the lawyer learned of during the representation?
The committee concluded that, assuming the former client failed to list the property, the lawyer may advise the bankruptcy court of it under RPC 1.6(b)(2) to establish the lawyer's fee claim against t…
Can a lawyer defend misdemeanor clients in a municipal court while also serving as that city's prosecutor pro tem?
The committee concluded RPC 1.11 does not control; because the lawyer intermittently serves as the city's prosecutor, the city is a client, so RPC 1.7 governs, making defense of criminal clients in th…
After one partner retires, can the remaining solo lawyer keep using the two-name firm name?
The committee concluded a sole practitioner cannot continue using a two-name firm designation like 'X and Y, P.S.' because it suggests that more than one attorney is practicing in the firm.
Can a lawyer offer unbundled, limited-scope family law services and later take a new limited engagement from the same client?
The committee concluded that, assuming the original and subsequent agreements comply with RPC 1.2 and 1.5, RPC 1.8(a) does not apply to a separate, later, limited engagement of the same lawyer by the …
Can a lawyer advertise legal services in a folder an auto repair shop hands customers with their estimate or bill?
The committee concluded the rules do not prohibit advertising legal services in a brochure placed with an auto repair bid or bill, provided the ad complies with RPC 7.1, 7.2, and 7.3 and the shop's co…
Can a lawyer share office space with a nonlawyer organization and take referrals from it?
The committee concluded a lawyer may share office space with nonlawyers but must keep a completely separate and distinct office, prevent any misleading appearance of affiliation, and protect confident…
Can a lawyer's detailed bills be sent to an outside auditor without the client's consent?
The committee concluded that, on the facts presented and where the client has not consented, releasing detailed billing information to outside parties would be impermissible under RPC 1.4 and 1.6, app…
If a client's identity is confidential, can a lawyer disclose it to a prospective new firm running a conflicts check?
The committee concluded that, on the facts, the client's identity is a secret under RPC 1.6 whose disclosure would disadvantage the client under RPC 1.9, so the lawyer cannot disclose it to the prospe…
Can a lawyer prosecute a defendant for the city while also opposing that same defendant in a civil case?
The committee concluded that representing private parties while representing the city against those same parties does not comply with RPC 1.11, that affected independent judgment would violate RPC 1.7…
After a client sues for malpractice and waives privilege, can the lawyer voluntarily disclose the client's confidences to a third party to build a defense?
The committee concluded that voluntary disclosure to a third party under these circumstances would violate RPC 1.6(a), and RPC 8.4(a) bars the inquiring lawyer from disclosing it; formal discovery or …
Can a lawyer who mediated a matter also represent one of the parties, and can the mediator draft the settlement documents?
The committee concluded a lawyer may not both mediate and represent one party in the same proceeding under RPC 1.12(b), but a mediator may act as scrivener and prepare the mediation agreement and fina…
Can a fee agreement say the lawyer is automatically relieved of representation and may withdraw if the client does not pay?
The committee concluded the proposed fee-agreement language contemplates withdrawal in violation of RPC 1.15, 1.5, and 8.4 and does not comport with the rules.
Can a lawyer destroy or withhold court-proceeding tapes the trial court has lost, when they are needed for an appeal?
The committee declined to opine because litigation was pending or disciplinary action possible, but said the proposed course of destroying or refusing to provide the tapes would likely violate RPC 3.3…
What does a lawyer do with trust funds belonging to a client who has disappeared and left no forwarding address?
The committee concluded that RPC 1.3 and 1.14 govern, that the lawyer must act with reasonableness and due diligence to locate the client and resolve the trust funds, and that RCW 63.29 on unclaimed p…
Can a lawyer take a share of a nonlawyer estate planning firm's client fees for reviewing the firm's trusts?
The committee concluded the proposed fee split violates RPC 5.4(a) and may compromise the lawyer's independence under RPC 5.4(c), and that if the arrangement is the unauthorized practice of law the la…
Can a lawyer alternate between working for a prosecutor's office and a criminal defense firm?
The committee concluded the question is governed by RPC 1.11, with RPC 1.7 also applying, and that on the stated facts, where the lawyer avoids the rule's specific overlaps, the lawyer would appear to…
How are attorney's fees for workers' compensation representation regulated, and will the ethics committee opine on a proposed fee structure?
The committee concluded that attorney's fees in the industrial-insurance area are governed by statute (RCW 51.52.120 et seq.) and are a question of law it cannot resolve, opining only that lawyer's fe…
Does a lawyer have to supervise volunteer nonlawyers in the office the same way as paid staff?
The committee concluded that RPC 5.3 governs the supervision of nonlawyers, including untrained volunteers, and that the fact the assistants are volunteers rather than paid employees makes no differen…
Can a firm represent a corporation when the corporation's CEO is also a paid consultant to the firm?
The committee concluded the firm may represent the corporation if its consulting relationship with the CEO will not interfere with its independent judgment, with RPC 1.7(b) disclosure and a written wa…
Can a lawyer represent a husband in his divorce after having briefly represented his current wife in an unrelated earlier matter?
The committee concluded the lawyer will not violate the RPCs by representing the husband, that there is no conflict of interest requiring the wife's approval, and that the lawyer must keep confidentia…
Can a legal-services agency require a client to waive statutory attorney-fee claims as a condition of representation?
The committee concluded a legal-services agency may condition representation on waiving state or federal fee claims only if, in the lawyer's reasonable opinion, the waiver will not preclude competent …
Can a lawyer be 'of counsel' to more than one law firm at the same time?
The committee concluded there is no ethical prohibition on being of counsel to more than one firm, but it has implications under several rules, especially RPC 1.6 and 1.7, and the of-counsel lawyer is…
Can a lawyer represent a homeowners' association when the lawyer is close friends with the manager who may have a claim against a board member?
The committee concluded that RPC 1.7(b)(1) and (2) apply and that, on the facts presented, the lawyer's representation of the association board may be materially limited by the lawyer's relationship w…
Does the no-contact rule apply to a licensed lawyer working a non-legal government job who contacts represented claimants?
The committee concluded the RPCs apply to all licensed Washington lawyers, but RPC 4.2 bars contact with a represented party only when the lawyer is giving legal representation or advice; absent that,…
Can a plaintiff's lawyer sign a hold-harmless agreement, as a settlement condition, that pledges the lawyer's credit to repay the client's non-litigation expenses?
The committee concluded it is a violation of RPC 1.8(e) for an attorney to sign a hold-harmless agreement that pledges the attorney's credit to repay the client's non-litigation expenses, and that the…
When a law firm changes its name, does it have to tell its clients?
The committee concluded there is no general requirement to notify clients of a lawful firm-name change, but individual clients may need to be told if it could affect their case; any notice must comply…
Is a lawyer conflicted from suing an alleged harasser who once briefly discussed the allegations with the lawyer's then-partner?
The committee concluded there were insufficient facts to decide the conflict or whether an attorney-client relationship formed; the client's reasonable belief controls that question, and the lawyer ma…
Can a lawyer who left a firm represent a client against a corporation that was the firm's client while the lawyer was there?
The committee concluded that under RPC 1.9 the former corporate client's confidences are imputed to the departed lawyer whether or not the lawyer handled the work, so the lawyer cannot take a claim ag…
Can a lawyer join a preferred-provider program that takes a cut of the lawyer's discounted fees and bills the client?
The committee concluded that an attorney's participation in the proposed preferred-provider program does not meet the minimum standards of the Rules of Professional Conduct, pointing specifically to R…
Can a Washington lawyer advertise as a specialist, and where does someone report a lawyer who does so improperly?
The committee said RPC 7.4 does not authorize specialty advertising except in limited circumstances, and that complaints about other lawyers' conduct go to the Office of Disciplinary Counsel, not the …
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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.