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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After serving as a court-appointed guardian ad litem, can the same lawyer go on to represent the guardian or the estate in the matter?
The committee concluded that RPC 1.12(a) bars a former guardian ad litem, who acted as an adjudicative officer, from later serving as attorney for the estate, the guardian, or a personal representativ…
If a client assigns part of a settlement to a third party but later tells the lawyer not to pay, what does the lawyer do with the money?
The committee concluded that, where both the client and the third party assert good-faith positions, the lawyer is not obligated to pay either side and should hold the disputed funds in an interest-be…
Does a Washington lawyer have to tell opposing counsel the name of a material witness without a discovery request?
The committee concluded that, absent a formal discovery request or court requirement, the lawyer has no obligation to give the witness's name to opposing counsel, though RPC 1.4, 3.6, and 8.4(c) may a…
Can a Washington lawyer run an ancillary law-related business and refer clients to it?
The committee said there is no per se bar on a lawyer establishing a law-related business, but any referrals must strictly follow the RPCs, including RPC 1.6, 1.7, 1.8, 5.4, and 5.5, and the business …
Can a Washington lawyer join a property management business and advertise that a lawyer is part of the business?
The committee declined to decide whether the activity is the practice of law, but said that if it is, it would violate RPC 5.4(b) and potentially RPC 7.1(a)-(b) and 7.3(a), and flagged RPC 1.6, 1.7, 5…
Can a Washington lawyer put a clause in a fee agreement letting the lawyer stop all work if the client falls 30 days behind on fees?
The committee concluded the clause does not meet the minimum standards of the Rules of Professional Conduct; stopping work without a proper withdrawal violates RPC 1.3 and 1.15, and any withdrawal mus…
Who is the client of a court-appointed defense lawyer, and what happens when the defendant tells the lawyer to withdraw?
The committee concluded that appointed counsel represents the criminal defendant; if the client demands withdrawal, the lawyer must follow the court rules and seek the court's permission under RPC 1.1…
Can an in-house lawyer who left a company become general counsel to a consulting firm that serves that company's industry?
The committee concluded the move is barred only if the lawyer represents the consulting company in a substantially related matter materially adverse to the former employer; on the stated facts that lo…
Can a Washington lawyer give a fixed percentage of a gross fee directly to a charity?
The committee concluded that RPC 5.4(a) prohibits a lawyer from allocating 15% of a gross fee directly to a charitable organization.
Does a Washington lawyer in a divorce case have to report tax fraud by the client or by a non-client witness?
The committee concluded that the lawyer has no duty to report either a non-client witness or the lawyer's own client for tax fraud, and RPC 1.6 bars disclosure adverse to the client unless the client …
Must a Washington lawyer let an incarcerated appellate client review the appellate brief before it is filed?
The committee concluded that refusing a client's request to review the appellate brief before filing conflicts with RPC 1.2(a), 1.3, 1.4(a), and 6.2; the lawyer should seek a continuance and, only if …
Can a court-appointed guardian ad litem for a minor go on to represent that minor as her lawyer once she turns 18?
The committee said this conduct is prohibited: it violates RPC 1.15(a), 1.7(b), 1.3, 1.9, 3.4(c), and 8.4(d), may violate RPC 7.3, and may breach a fiduciary obligation under RPC 1.6.
Can a firm represent a client at trial when a former partner of the firm is likely to be a necessary witness?
The committee said RPC 3.7 does not prohibit the firm from representing the client, assuming the former partner remains not 'in the same firm' and will not rejoin before retirement, and assuming no ot…
Does a county bar's volunteer lawyer program face the conduct rules when it screens and refers indigent clients to volunteer attorneys?
The committee said that as long as the program only provides administrative services and all legal advice comes from independent lawyers who check their own conflicts, there is no RPC violation; if pr…
Can a lawyer run an advertisement with a factually accurate statement and a disclaimer?
The committee said that, to the extent the inquiry is about an advertisement containing a factually accurate statement with an appropriate disclaimer, such an advertisement would not necessarily viola…
Can a lawyer represent a trade association and one of its individual members at the same time?
The committee said there is a potential conflict of interest in representing both an individual member (the Current Distributor) and the Association, but the conflict may be waivable; whether the Succ…
Must a defense lawyer withdraw when former physician clients become the plaintiff's treating-physician witnesses?
The committee said the lawyer is not disqualified from continuing as defense counsel, assuming the lawyer will not violate RPC 1.6(a), 1.7(b), or 1.9(b) (and should also consider ABA Model Rule 1.9(c)…
When a client discharges a lawyer, must the lawyer return original documents even if a copy was provided?
The committee said that under RPC 1.15(d) an attorney cannot keep originals belonging to the client if doing so operates to the client's disadvantage and detriment; whether an attorney's lien is valid…
Can a lawyer file a malpractice claim for a client against the client's former lawyer, and does the lawyer have to report that lawyer?
The committee said filing malpractice allegations on a client's behalf against the client's former attorney would not violate RPC 1.8(j); the duty to report misconduct turns on RPC 8.3, consultation w…
Can a lawyer use a single telephone line for both a non-law business and the law practice?
The committee said using one telephone line for both a business and a law practice is not misleading in violation of RPC 7.1(a), but an attorney using a dual line should be mindful of RPC 1.6.
Can a lawyer who works as a criminal-court bailiff also appear as a private practitioner before other judges and commissioners?
The committee said that, absent specific conflicts and with appropriate consents and approvals from clients and opposing counsel, it does not violate the Rules for a county criminal-court bailiff to a…
Must a firm in a class action give a class member a copy of the entire file, and who pays for copying?
The committee, applying WSBA Formal Opinion 181, said the attorney must deliver the file to the client and pay the copying costs, unless a protective order is obtained from the court stating otherwise…
Can a government lawyer collect taxes from a person the lawyer represented in private practice?
The committee said RPC 1.9 governs, and that using confidences or secrets obtained in private practice, relating to the representation of the former client, to that former client's disadvantage would …
Can a lawyer be employed by a financial planning firm to do legal work for its clients, or share office space with such a firm that refers clients?
The committee could find no way for a lawyer to be employed by a financial planning firm to do legal work for the firm's clients without violating RPC 5.5(b), with other rules also in question; but th…
Can a lawyer endorse or contribute to a sitting judge's reelection campaign while the lawyer has cases pending before that judge?
The committee found no Rule of Professional Conduct that forbids contributing to a sitting judge's campaign or publicly endorsing the judge's reelection while the lawyer has cases pending before the j…
Can a lawyer take estate-planning referrals from an insurance agent and let the agent pay the lawyer's fee?
The committee (which was split) said a lawyer may accept fees from, or be reimbursed through, an insurance agent for preparing a client's trust and will only if the lawyer keeps independent profession…
Can a lawyer lend a client money to fund a settlement, or arrange for a friend to make that loan?
The committee concluded that lending a client money to fund a settlement violates RPC 1.8(e) and 1.8(j) and cannot be waived; arranging for a friend to make the loan is not an RPC 1.8(e) conflict but …
Can a Washington lawyer route client trust funds through a separate 'disbursing account' to capture float or earn free banking services?
The committee concluded that RPC 1.15A requires client and third-person funds to be held in trust and makes no exception for a disbursing account, so the lawyer could not run those funds through one.
Can a law firm advance litigation expenses for an indigent or pro bono client?
The committee was of the opinion that RPC 1.8(e) applies to the representation of indigent clients, and that a firm may advance payment of litigation expenses on the condition that the client remains …
Can a lawyer take a new client's case when a former client may testify as a witness in it?
The committee was of the opinion that the lawyer could represent the new client, but RPC 1.9(b) prohibits disclosing the former client's confidences or secrets, and RPC 1.7(a) requires the new client'…
Can a lawyer pay a limited practice officer a percentage of the escrow fee for closing work?
The committee was of the opinion that RPC 5.5 does not permit paying a limited practice officer a percentage of escrow fee charges, but that other compensation methods, such as a flat fee per transact…
Can a lawyer be both legal counsel for a nonprofit corporation and a member of its board of directors?
The committee was of the opinion that a lawyer may serve as corporate counsel for a private nonprofit corporation and also serve on its board of directors, provided the lawyer otherwise complies with …
How should a lawyer dispose of trust funds belonging to a client who lives in a foreign country?
The committee was of the unanimous opinion that the lawyer must determine from the client how the funds should be disposed of, and it recommended holding the funds in a separate interest-bearing trust…
Must an LLP law firm's letterhead state that one of its partners is a professional corporation?
The committee was of the opinion that the letterhead of a law firm practicing as a limited liability partnership need not include language indicating that a member of the partnership is a professional…
Can a lawyer join a group marketing program where members pay an annual fee for free or reduced-rate legal services?
The committee was of the opinion that a lawyer participating in the 'Lawstar' program, under which members pay an annual fee for free or reduced-rate legal services, would be in violation of RPC 7.2(c…
Does adding 'P.C.' to a law firm name that uses '... & Company' adequately show the firm's organizational structure?
The committee concluded that adding 'P.C.' after a firm name using '... & Company' provides sufficient clarification of the firm's organizational structure to satisfy RPC 7.1, 7.5(a), and 7.5(d).
Can a contingent fee contract set the fee on discharge by reference to the last settlement offer if the client hires new contingent-fee counsel?
The committee was of the opinion that the proposed clause tying the discharged lawyer's fee to one-third of the last bona fide settlement offer, contingent on whether the client retains other continge…
Can a lawyer push a current client into ADR or sue the client over an unpaid fee, and must contact go through the client's lawyer?
The committee concluded that nothing bars trying to persuade a client to use ADR, but under RPC 4.2 the lawyer must communicate through the client's attorney, not directly; legal action against the cl…
Can a lawyer sue a client for unpaid fees and costs, including by cross-claim if an expert sues the firm?
The committee concluded that under the Rules of Professional Conduct a lawyer may sue a client for payment of legal fees or expenses and costs incurred on the client's behalf, either by an initial act…
Can a law firm partner take a part-time leave to serve as a Special Attorney General litigating for the state?
The committee declined to give a comprehensive answer without more information and directed the inquirer to comply with RPC 1.6, 1.7, and 1.9.
Can a lawyer accept client referrals from a real estate broker without giving the broker anything of value?
The committee concluded that on the facts presented, where the lawyer would simply be available for a broker's referrals and would give nothing of value in exchange, the referrals would not violate RP…
What must a lawyer do when collecting payments from a judgment debtor but unable to identify the client owed the money?
The committee concluded the lawyer must make a thorough effort to identify and contact the client under RPC 1.1, 1.3, and 1.4 (including contacting a former associate), must place the collected funds …
Can a law firm advertise the combined years of practice of its partners as a single firm experience figure?
The committee concluded that advertising that the firm has represented clients for twenty-nine years, when that figure is the cumulative practice years of two partners, would violate RPC 7.1 as materi…
Can a Washington lawyer put a binding arbitration provision in a fee agreement with a client?
The committee concluded there is no per se prohibition against including an arbitration provision in a client fee agreement, but the provision must be consistent with the lawyer's fiduciary obligation…
Can defense counsel settle directly with an unrepresented non-party, and can the lawyer relay messages to the represented plaintiff through that person?
The committee concluded the Rules do not prohibit defense counsel from communicating with, or attempting to settle with, an unrepresented person (here the plaintiff's father, a non-party), though care…
Can a lawyer suing a city make a public records request directly to a city official who is a represented adverse party?
The committee concluded that a public records request under RCW 42.17 is an independent justification, expressly authorized by law, for communicating with a government official who would otherwise be …
Can a firm sue a doctor in one case while relying on the same doctor as a treating-physician witness for other clients?
The committee concluded that because there is no attorney-client relationship with the doctor, RPC 1.7(b) governs; the firm may both sue the doctor and use the doctor as a witness for other clients if…
Can a lawyer reveal client confidences to sue the client for a bounced check?
The committee concluded that, on the stated facts, the lawyer is a victim of a crime and falls within the RPC 1.6(b) exception, which permits revealing confidences and secrets to the extent necessary …
Can a lawyer advertise that the firm handles lawsuits against a specific named business and its owners?
The committee did not resolve the question on the merits; it directed the inquirer to RPC 7.1 and 7.4 as the governing rules and declined to opine on any other liability such an ad might create.
What does a lawyer do with settlement money in trust when the client refuses to cash the check?
The committee concluded that the lawyer must resolve any dispute over the retained fee (replenishing the trust account for the disputed amount), must withdraw the improper malpractice-release conditio…
How many years back does a law firm have to check for conflicts of interest?
The committee concluded that a conflict continues indefinitely, so a firm must run conflict checks as far back as each current attorney has practiced; once an attorney leaves, the firm may take matter…
Can a lawyer who became head of a state agency make final decisions in cases involving people the lawyer previously represented?
The committee concluded that if the courts rule the agency head cannot delegate the decisions, RPC 1.11 does not bar the lawyer from making them, because RPC 1.11(c) exempts a government officer where…
Can a lawyer use a pseudonym (a fake name) while doing legal work?
The committee was of the opinion that, while it does not decide whether particular agency staff are practicing law, if an attorney is engaged in the practice of law then using a pseudonym would violat…
How far must a lawyer go to check for conflicts after moving to a new firm?
The committee determined that a lawyer who compared client and spouse names from the former firm against the new firm's past and current client lists had done all the lawyer can to check conflicts, be…
Can a lawyer price the sale of a law practice as a percentage of transferred clients' fees, or sell the practice gradually over time?
The committee determined that basing the sale price of a law practice on a percentage of the gross fees from transferred clients violates RPC 1.5(e), though an annual adjustment based on gross receipt…
Can a professional limited liability company call itself a 'firm' or a 'company' in its name?
The committee decided that a professional limited liability company must not refer to itself as a 'firm' or a 'company' but must use 'professional limited liability company' or 'P.L.L.C.', and that to…
Can a law firm name itself '____ & Company'?
The committee was of the opinion that using the word 'company' in a law firm name is prohibited by RPC 7.1, 7.5(a), and 7.5(d) without further explanation of the organizational structure of the law pr…
Are a county public defender's case conflicts imputed to a lawyer just because the lawyer is married to that public defender?
The committee determined that the county public defender's office conflicts are not imputed to a lawyer merely because the lawyer is the spouse of a county public defender, where the two will never re…
Can a lawyer represent a deported felon who illegally returned to the country in an open-court dependency case?
The committee said whether representing an illegally returned deported felon assists a crime is a legal question beyond its scope, and that if such representation does assist a crime as a matter of su…
Can a lawyer take per-project pay from a corporation to do work on behalf of the corporation's clients?
The committee was of the opinion that if the work the lawyer performs is the practice of law, the arrangement may violate RPC 5.4(a) and 5.5(b), but if the work is not the practice of law there is no …
Browse Washington State Bar Association opinions by topic
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.