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 buys a retiring lawyer's whole practice, can the buyer keep the seller's name in the firm name?
No. Under Washington's Comment [10] to RPC 7.1, it is misleading to use the name of a lawyer who is not associated with the firm or a predecessor of the firm, so a purchaser may not keep the selling l…
Can a Washington lawyer run a virtual law office with no physical address, and practice remotely from another state?
Yes. There is no requirement to maintain a physical office, and a Washington lawyer may practice remotely from another jurisdiction if that jurisdiction allows it and the lawyer stays invisible as a l…
Can a lawyer claim a profile on a rating or social-media site for lawyers, and can the lawyer trade endorsements with other lawyers?
A lawyer may claim a profile and post accurate information, but must check how the site's ratings work, must monitor and disclaim false ratings or endorsements where feasible, and may not give another…
Can a lawyer pay to participate in an online lead-generation service that sends the lawyer prospective clients' contact information?
Yes, qualified. A lawyer may pay a flat or per-lead fee to a lead-generation service only if the service matches lawyers and clients on disclosed, objective criteria and does not recommend, endorse, o…
Can a lawyer pay a non-profit bar association a percentage of the fee for referring clients, and does the referral-service exception allow it?
No. The committee concluded that paying a non-profit bar association a percentage of the fee is prohibited fee-sharing with a non-lawyer under RPC 5.4(a); RPC 7.2(b)(2)'s allowance for a referral serv…
Can a lawyer run advertising testimonials that state specific settlement or award dollar amounts, and is a disclaimer required?
Yes, if the former client consents, confidences are kept, and the ad is not misleading; a disclaimer is required only where one is needed to keep the advertisement from being misleading under RPC 7.1.
Can a lawyer accept referrals from mortgage brokers and pay the broker for later services, or pay a marketer only for clients who actually retain the lawyer?
A lawyer may accept broker referrals, but the committee concluded the lawyer cannot pay the broker for post-referral services as a quid pro quo for the referral, nor pay any third party only for clien…
Can a lawyer hire teenagers to leave Spanish-language legal-services flyers on doorsteps in a neighborhood without violating Washington's anti-solicitation rules?
The committee concluded that simply leaving a brochure on a porch, in a mailbox, or in a newspaper does not by itself violate RPC 7.3, but any direct in-person contact by the lawyer or the lawyer's ag…
Can a lawyer who built a reputation under her professional name keep using that name in practice after legally changing her name for personal reasons?
Yes. The committee concluded the lawyer may continue using her current professional name after a personal legal name change, provided it does not mislead the public and she gives the WSBA the informat…
Can a paralegal use the title 'Paralegal Advocate' on business cards, and what is the supervising lawyer's duty about it?
The committee concluded that 'Paralegal Advocate' is misleading and violates RPC 7.1 because 'advocate' has become synonymous with 'lawyer,' and that under RPC 5.3 the supervising lawyer must ensure t…
Can a bar association run an online lawyer referral database, and must participating lawyers certify that they carry malpractice insurance?
The committee concluded that a lawyer referral database is not per se prohibited if the service ensures its activities are compatible with the participating lawyers' obligations, that requiring insura…
Does using the phrases 'special expertise' or 'areas of expertise' in a law firm's marketing brochure violate the rule on communicating fields of practice?
The committee declined as a matter of policy to pass on the content of a particular ad, but said that using 'special expertise' and 'areas of expertise' may not violate RPC 7.4(d) in these circumstanc…
Can a two-name law firm keep using a departed lawyer's name after he sells his interest but continues working in the office without being fully retired?
The committee concluded that on these facts neither lawyer may keep using the original name, because a firm name may not imply a partnership that no longer exists and the departed lawyer had sold his …
Can a two-lawyer firm, where the second lawyer is 'of counsel' or an associate, use the word 'Group' in its firm name?
The opinion concludes that, assuming an 'of counsel' lawyer meets the standard for being treated as part of the firm, a firm of two licensed lawyers, one of whom is 'of counsel,' could use the term 'G…
Can a lawyer run a closing or escrow department under a trade name (d/b/a), and must the lawyer disclose that the d/b/a is part of the law firm?
On the first question, the opinion concludes that under RPC 7.5(a) a lawyer may use a trade name as long as it does not imply a connection with a government agency or a charitable legal-services organ…
Can a nonprofit run a lawyer referral service for its member attorneys, and how must those lawyers describe their practice areas?
Yes. The committee concluded the proposed not-for-profit referral service satisfies the RPCs: under RPC 7.2(b) a lawyer may pay the usual charges of a not-for-profit lawyer referral service, and the c…
Can a Washington law firm registered as a PLLC use a trade name that drops the PLLC designation?
Yes. The committee concluded that under RPC 7.5(a) a PLLC law firm may use a trade name as long as it is not misleading, and it found the proposed name not misleading on its face; because the name cou…
Can a Washington lawyer advertise a discount coupon for legal services?
Yes, with a caveat. The committee concluded there is nothing inherently unethical about a discount coupon for legal services as long as the discount is honored according to its terms (RPC 8.4(c)); to …
Can a Washington lawyer pay an annual fee to be listed in a for-profit online and telephone legal directory that lets the public search by location and practice area?
Yes, as described. The committee concluded that, provided the listing fee is reasonable and not a disguise for indirectly sharing fees with the for-profit publisher, participating in the directory und…
Can a Washington lawyer join a commercial networking and referral organization without violating RPC 7.2 if the organization drops mandatory referral requirements and adds safeguards?
The committee concluded that if the organization adopts and enforces the described reforms, no mandatory member referrals, posted guidance against misleading claims and requiring a prospective client …
Can a Washington sole practitioner call the firm a 'Law Group' when only one licensed lawyer practices there?
No. The committee concluded that using the word 'group' in a firm name where only one licensed attorney practices violates RPC 7.5(a) and (d) because it implies more than one lawyer practices in the f…
Can a Washington lawyer join a nationwide, internet-based bankruptcy lawyer referral service when the per-client fee and listing fee are paid to a for-profit company, not the nonprofit?
No, as the program was structured. The committee concluded that Consumer Legal Referrals was not a not-for-profit lawyer referral service under RPC 7.2(b)(2), because the $100 per-converted-client fee…
Can a retired founding member who is an honorary bar member be listed as 'Honorary Member' on a law firm's letterhead?
Not without clarification. The committee concluded that 'Honorary Member' alone violates RPC 7.1 and 7.5 because it implies the retired lawyer is a partner and still practicing; listing the lawyer as …
Can a Washington lawyer pay a nonlawyer nonprofit a 'donation' in exchange for case referrals that produce a recovery?
No. The committee concluded that both the lawyer who pays a donation tied to a referral and a lawyer working for the nonprofit who requests it violate RPC 7.2, unless the nonprofit qualifies as a not-…
Can a Washington lawyer join an online attorney-client 'matching' service that charges a flat fee and ranks 'verified' lawyers higher?
The committee concluded the service apparently operates as an impermissible for-profit referral service in violation of RPC 7.2(c) because it makes subjective judgments and does more than ministerial …
Does a law firm owe confidentiality to someone who submits case details through the firm's website, and can it still represent the opposing party?
The committee concluded that lawyers owe a duty of confidentiality to prospective clients even without the then-proposed RPC 1.18, so a firm that solicits information through its website and receives …
Can a solo lawyer use her nickname as the name of her law firm, like 'XY Law Firm'?
The committee said using an attorney's nickname as a trade name is not ethically improper under RPC 7.1, 7.4, or 7.5, as long as the nickname does not create public confusion about the services provid…
Can a firm advertise under a short version of its name, like 'The Smith Law Firm,' when its real name is longer?
The committee said a firm may use an abbreviated designation such as 'The Smith Law Firm' in advertising, complying with RPC 7.5 and 7.1, as long as the short name is coupled directly with the full fi…
Can a family-law attorney serve both sides as a neutral 'settlement lawyer' or intermediary to help pro se parties reach a resolution?
The committee said a lawyer acting as a true intermediary does not appear to violate RPC 2.2 if she strictly follows that rule: she must tell both parties she is acting only as an intermediary, advise…
After a name change from divorce, can a lawyer keep using her prior name professionally and in the firm name while using a different name personally?
The committee said a lawyer who takes a new name on a change of marital status is not prohibited from continuing to use her prior name in her professional capacity, including in the firm name, as long…
Can a lawyer sign a newspaper contract committing to a volume of legal advertising in exchange for lower rates or free firm advertising?
The committee said both a volume-commitment discount and a 'value added' free-advertising program implicate RPC 1.7(b) and 1.8(a), because the lawyer's pecuniary interest in placing legal notices can …
Can a law firm put a link on its website to an independent lawyer-rating company's ratings of the firm?
The committee said a link to an independent lawyer-rating company's ratings does not appear to violate RPC 7.1, as long as the ratings are not false or misleading and the lawyer ensures all website co…
Can a lawyer advertise that they serve as a 'Judge Pro Tem'?
The committee said yes, as long as the 'Judge Pro Tem' designation is accurate. Using an accurate 'Judge Pro Tem' title in advertising does not violate the Rules of Professional Conduct, and the adver…
Can a lawyer join a commercial networking group that requires members to give each other referrals?
The committee declined to reconsider Informal Opinion 1975 and reaffirmed that joining a commercial networking organization with mandatory referral requirements violates RPC 7.2, because requiring mem…
Can a law firm put a membership organization's logo on its letterhead?
The committee said yes. A firm may use a membership organization's logo on its letterhead as long as the use is truthful and not misleading; RPC 7.1 bars false or misleading communications and RPC 7.2…
Can a lawyer financially support a nonprofit in exchange for being acknowledged to its members as having 'demonstrated competence'?
The committee concluded that the proposed relationship, in which a lawyer financially supports a nonprofit and in return uses its logo and is acknowledged to members as meeting the organization's 'dem…
Can a law firm use a trade-style name like '[Word] Law Group' that does not include any lawyer's name?
The committee said using a name such as '[Noun] Law Group, PLLC' does not violate RPC 7.1, 7.4, or 7.5(a), provided there is actually a group of lawyers in the firm.
Can a lawyer pay a nonprofit organization to be put on its referral list and use its seal in advertising?
The committee concluded that a pay-to-be-referred arrangement, in which a nonprofit organization refers its members to lawyers who make financial contributions and lets them use its seal, is improper,…
Can a lawyer produce and sell fill-in-the-blank eviction forms with an informational brochure to the public?
The committee said producing and selling legal forms for securing evictions under the Residential Landlord-Tenant Act, along with an informational brochure, is authorized whether or not it amounts to …
Can a lawyer join a paid professional networking group that requires members to make a set number of referrals each month to keep their membership?
The committee declined to change its earlier Informal Opinion 1975, which held it violates RPC 7.1, 7.2, and 7.3 for a lawyer to participate in a commercial network that requires referrals among membe…
Can a law firm keep using a former member's name in its trade name after that lawyer leaves and continues practicing law in the same community?
No. The committee concluded that a firm may not continue to use a former member's name as a trade name when that member has left the firm and continues to practice law in the same community.
Can a law firm use a made-up surname trade name, keep a non-working lawyer as a fee-sharing 'silent partner,' or pay a nonlawyer consulting firm based on the firm's increased fee income?
The committee answered no to all three. A firm may not use a trade name that appears to consist of lawyers' surnames when no current or former lawyer of the firm had those names, because of the substa…
In a print law-firm ad, can a personal-injury lawyer list specific jury verdicts and settlement amounts and display ratings like Martindale-Hubbell and Best Lawyers?
Citing specific jury verdicts is generally disfavored because it can create unjustified expectations and so violate RPC 7.1; if used, a disclaimer at least as prominent as the results must make clear …
Can a law firm keep a named partner's name (with a 'retired in 2002' note) after he leaves to practice in another state?
The committee concluded that once a named partner ceases to practice with the Washington firm and begins practice in another jurisdiction and is no longer associated with the firm, the firm may no lon…
Will the Washington bar's ethics committee tell a lawyer in advance whether a proposed advertisement is permissible?
The committee said that, as a matter of policy, it cannot approve specific advertisements; it is the lawyer's responsibility to ensure that any advertisement complies with the Rules of Professional Co…
Can a Washington lawyer or the lawyer's staff hand out law-firm brochures in person to people at a courthouse, a fair, or an arena?
The committee concluded that RPC 7.3 prohibits direct, in-person, face-to-face solicitation by the lawyer or the lawyer's agent where there is no pre-existing relationship and the motive is pecuniary …
Can a Washington lawyer use her middle name instead of her last name in the firm name while still signing legal documents with her last name?
The committee concluded that using a name in the firm name other than the name the lawyer uses in the practice of law is misleading, and directed the inquirer to the name-change procedure in Admission…
Can a Washington lawyer join a networking or business referral group that requires members to refer business to each other to keep their membership?
The committee concluded that a networking and business referral association whose membership requires referrals (with potential loss of membership if no referrals occur) gives 'something of value' in …
Can a lawyer set up a booth at a street fair offering to answer legal questions or give referrals?
Yes. The committee concluded that RPC 7.3 does not prohibit a lawyer from setting up a booth at a public event, because opening a booth is not direct solicitation (the lawyer waits for the client to a…
Can a lawyer send a solicitation by email if the same content would be allowed in a solicitation letter under RPC 7.3(b)?
Yes, on the same terms as a letter. The committee concluded that if a single email's content could be sent in letter form in compliance with RPC 7.3(b), sending it by email also complies, provided the…
Can a law firm let a prepaid legal plan link to the firm's website and publish 'success stories' about the firm's lawyers?
Yes, with limits. The committee concluded that allowing a prepaid legal plan to link from its website to the firm's site is not restricted by the RPCs, and that 'editorials' or 'success stories' may b…
Can a Washington lawyer pay for a listing in an out-of-state Internet legal directory like Martindale-Hubbell?
Yes, subject to the advertising rules. The committee concluded that web-based legal directories fall under RPC 7.2 just as print directories do, and that RPC 7.1 applies through RPC 7.2(a); the lawyer…
May a Washington lawyer join a for-profit website that lists lawyers offering fixed-fee or reduced-rate services?
Yes. The committee concluded that, under RPC 5.4(a) and 7.2(a), a lawyer is not prohibited from joining a for-profit Internet site giving users access to lawyers willing to work for fixed fees or lowe…
Does Washington RPC 7.4 require board-certification disclaimers on a lawyer's business cards and letterhead?
Yes. The committee concluded that RPC 7.4 applies to business cards and letterhead, and that stating board certification there without the disclaimers RPC 7.4(b) mandates would violate RPC 7.1(a), 7.4…
Can a lawyer's website link to other sites and use search-engine keywords, and what records must the lawyer keep?
Yes. The committee concluded that a lawyer's website may link to other sites providing educational or practice-related information if it carries the disclaimer described and complies with RPC 7.1 and …
Can a lawyer mail advertising brochures to a recently incarcerated person?
Yes. The committee concluded that the rules do not prohibit a lawyer from soliciting a prospective client by mailing truthful, non-misleading advertisements, even to a recently incarcerated individual…
Can a lawyer advertise under a name different from the one they are licensed under?
No. The committee concluded that advertising under a name other than the lawyer's licensed name (here, adding a maternal surname) is false and inherently misleading in violation of RPC 7.1(a) and 7.5(…
When a lawyer is suspended or disbarred, can the firm keep using that lawyer's name in its firm name, letterhead, ads, or phone greeting?
The committee concluded that continuing to use a suspended or disbarred lawyer's name in the firm name, letterhead, correspondence, advertisements, contracts, phone and email communications, brochures…
Can a lawyer use client testimonials in advertising in Washington?
The committee concluded that client testimonials may be acceptable if they comply with RPC 7.1 and include an appropriate disclaimer that reasonably lets the reader understand past performance does no…
May a lawyer be listed by name on the public website of an organization made up of lawyers and nonlawyers?
Yes. The committee concluded that a membership listing identifying the lawyers is advertising generally permitted by the rules, subject to each lawyer's duty of truthfulness, RPC 5.4's bar on fee-shar…
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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.