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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What must a Washington lawyer do when a client has limited English or another communication barrier?
The lawyer must make reasonable use of a qualified interpreter or translator to communicate effectively, protect client confidences when doing so, and obtain informed consent before using AI or machin…
Can a criminal defense lawyer file a motion to vacate a drug conviction (after State v. Blake) for a former defendant without a current attorney-client relationship or the person's consent?
No. The committee concluded that a lawyer must have a current attorney-client relationship and the client's informed consent to move to vacate a conviction; a lawyer may not act for someone without th…
What ethics duties must a Washington lawyer follow when using AI-enabled tools like ChatGPT in practice?
AI tools are permitted, but the lawyer remains responsible for the work and must satisfy the duties of competence, diligence, confidentiality, communication, candor, supervision, and reasonable fees. …
Can a legal aid lawyer report anonymized client data to a funder, and what does RPC 1.6 require to prevent reidentification?
A lawyer may not rely on anonymization alone; reporting must be reasonably calculated to prevent reidentification, weighing the number of fields, the specificity requested, and the client population, …
When must a Washington lawyer disclose to clients that they lack minimum malpractice insurance under RPC 1.4(c)?
A lawyer without malpractice insurance at $100,000 per occurrence and $300,000 aggregate must give written notice and obtain consent at the outset of new representations; the rule is not retroactive, …
If opposing counsel copies their own client on an email, can a Washington lawyer hit reply-all and include that client?
Maybe. Reply-all to a represented client is permitted only if the represented client's lawyer gave consent, which can be implied from the facts and circumstances; copying one's own client does not by …
When a criminal defendant misses a hearing because they are civilly committed in a hospital, can the defense lawyer tell the court about the commitment without violating confidentiality?
Qualified. The committee concluded that a defense lawyer may disclose a client's civil commitment only on a recognized basis: the client's express or implied informed consent under RPC 1.6(a), a court…
When a lawyer leaves one firm for another, what must the lawyer and the old firm tell clients, how are files transferred, and may the lawyer contact old-firm clients?
The committee concluded that both the departing lawyer and the old firm must notify clients of the lawyer's departure under RPC 1.4(a)(3); the client decides whether the file stays, moves, or goes els…
When can a lawyer withdraw from an immigration case for nonpayment or a client's silence, and how much can the lawyer tell the court about why?
A lawyer may withdraw when a client stops communicating or fails to pay after reasonable warning, but RPC 1.6 limits what the lawyer may tell the court; a statement that professional considerations re…
Must a lawyer warn a client who emails the lawyer from an employer-owned computer or account that the communications may not be private?
Yes. Once the lawyer believes there is a significant risk a third party will access the communications, the lawyer must warn a client using an employer-provided device or account that the employer may…
Can a lawyer pass the credit-card processing fee on to the client when the client pays the lawyer by credit card?
The Rules of Professional Conduct do not prohibit it, provided the lawyer gives advance notice and charges no more than the actual transaction cost; but the lawyer's merchant-services agreement typica…
Can defense counsel ethically let a client take an early plea offer that bars reviewing redacted discovery, and must counsel still investigate or share discovery?
The committee concluded counsel must competently explain the offer's scope and restrictions, including any limits on available information and the risk that seeking more discovery may withdraw the off…
When defense counsel must raise a criminal defendant's competency with the court, how much client information can the lawyer disclose under RPC 1.14 and 1.6?
The committee concluded that if counsel is legally obligated to raise competency, the lawyer must do so but should disclose only what is necessary, often just that a competency issue exists, withholdi…
Can a lawyer withdraw earned hourly fees from the client trust account at the moment of sending the billing statement, before the client has time to review it?
The committee declined to bless specific contract language, but explained that RPC 1.15A(h)(3) requires reasonable notice before withdrawing earned fees, so the lawyer should not withdraw until the cl…
Can a client enter into a fee agreement by email, and must a lawyer encrypt fee agreements or case information sent over the internet?
The committee concluded that a client may enter a fee agreement by email and that no additional security measures are required absent special circumstances, because email carries a reasonable expectat…
Can a lawyer represent a Guantanamo Bay detainee and agree to a court protective order that bars sharing classified material with the client?
The opinion concludes the lawyer may sign the memorandum of understanding and protective order, but only if the lawyer intends to abide by it and the client consents, after full disclosure, to the lim…
Can a law firm bill a client for 'costs' (copying, computer research, messenger, interest) at amounts higher than what the firm actually pays?
Only within the bounds of reasonableness and disclosure. The committee concluded that under RPC 1.5 a lawyer's expenses must be reasonable; a large markup on copying or vendor costs is unreasonable wh…
If a settlement offer the client wants to accept requires the lawyer to waive statutory attorney's fees, what must the lawyer do?
The committee concluded the lawyer must promptly convey the offer and abide by the client's decision to accept or reject it, and must satisfy RPC 1.7 if the lawyer's own interest in the fees may mater…
If a public defender must tell the court she doubts her client's competency, can she disclose the confidential conversations that prompted the concern?
The committee concluded that even assuming the lawyer must raise a competency concern with the court, RPC 1.6 still bars disclosing the attorney-client conversations that gave rise to it, to the court…
Can a lawyer refer injury clients to a chiropractor who waives report and testimony fees in return?
The committee said this limited, non-exclusive quid pro quo is not per se unethical, but the lawyer has a mandatory duty under RPC 1.4(b) to explain the arrangement to the client, including the cost s…
Can a lawyer disclose a client's telephone number without the client's permission?
No. The committee concluded that RPC 1.6 prohibits the voluntary disclosure of any information obtained during the representation without the client's consent, and that the rule's exceptions in RPC 1.…
Can a plaintiffs' firm put a clause in its retainer agreement committing clients to oppose confidentiality provisions in any settlement?
The committee concluded that the proposed retainer clause violates RPC 1.2(c) and RPC 1.7(b) because it discloses none of the potential adverse consequences to the client or the nature of the conflict…
Does a lawyer have to convey a creditor's bankruptcy reaffirmation offer to the client?
It depends. The committee concluded that RPC 1.4 does not require transmitting all correspondence but does require keeping the client reasonably informed, and that RPC 1.2(a) requires informing the cl…
When a lawyer holds a minor's blocked settlement account, must the lawyer share account information with the child's mother and report concerns to the court?
The committee concluded that RPC 1.4(a) requires complying with reasonable requests for information (for a minor, typically through a guardian), that the account records are client property the lawyer…
Do the ethics rules apply to a government lawyer in a job that does not require a law license, and what governs when a matter cannot be pursued in good faith?
Yes. The committee concluded the RPCs apply to all Washington-licensed lawyers regardless of how the employer characterizes the position; RPC 3.1 governs the lawyer's responsibilities when a matter ca…
What are a lawyer's duties when a client stops staying in contact or disappears?
The committee concluded that the lawyer may not settle the client's claim without specific authority from the client, should use due diligence to try to locate the client, and, if the client remains m…
When a lawyer loses contact with a personal injury client before filing, must the lawyer file suit before the statute of limitations runs?
The committee concluded the answer depends on the scope of the representation (RPC 1.2), as shaped by the fee agreement and prior communications. Whether filing or refraining without further direction…
When a lawyer cancels a trip for one client's case to handle an emergency for another, who pays for the nonrefundable ticket?
The committee concluded that neither client is automatically responsible. Under RPC 1.5 a cost must be reasonable and related to the work for that client; the second client was not responsible because…
Can a lawyer settle a personal injury claim when the client has disappeared and cannot be reached?
No. The committee concluded that a lawyer may not settle a client's claim without specific authority from the client. The lawyer should use due diligence to locate the client, and if the client remain…
Should the Rules of Professional Conduct add a rule requiring lawyers to treat their clients with respect, deference, and dignity?
The committee concluded that the proposed rule was unnecessary. It reasoned that the rule would be difficult to enforce, subject to abuse, and would chill some necessary advice and client control, and…
What should a lawyer do about a missing client when the statute of limitations is about to run?
The committee concluded that a lawyer who wants to withdraw from a missing client's tort case must first use due diligence to locate the client, citing RPC 1.2, 1.3, and 1.4. Where a missing client ha…
If a letter from opposing counsel contains a secret about another of that lawyer's clients, can you forward it to your own client?
The committee concluded that RPC 1.6 governs the duty to protect client confidences and secrets, that a client's identity is ordinarily not privileged, and that a lawyer who wants to forward opposing …
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…
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…
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'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…
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…
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 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…
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 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…
What must a law firm do when it discovers a former shareholder or employee stole client funds?
The committee was of the opinion that under RPC 8.3(a) the firm should promptly report the misconduct (though the rule's 'should' makes reporting non-mandatory), and that under RPC 1.4(b) it had a dut…
Can a lawyer send client documents and confidences by fax without violating the duty of confidentiality?
The committee was of the opinion that using a facsimile machine is more like communicating by mail than by cordless telephone, so it can comply with RPC 1.6; the lawyer can take protective measures an…
Can a lawyer add Washington's business and occupation (B&O) tax to a client's bill as part of the fee?
The committee was of the opinion that a lawyer is prohibited from charging the B&O tax as part of the fee, because it is not a sales tax and presenting it that way would be misleading.
What can a criminal defense lawyer tell a client about breaking the law, and what can the lawyer say to a victim or witness?
The committee was of the opinion that a defense lawyer must advise the client of the relevant law and, if the client contemplates illegal acts, of the legal consequences and against committing them; t…
When a statute changes, does a lawyer have to tell current and former clients about it?
The committee was of the opinion that a lawyer actively representing a client on a relevant matter must notify the client of a statutory amendment under RPC 1.1 and 1.4, that there is no such duty onc…
Can a law firm arrange with a charity to represent church members making donations, where the charity pays for the donor's document review and the firm also represents the charity?
The committee was of the opinion that the proposed arrangement was impermissible on three grounds: it would be an RPC 1.7(b) conflict if the firm also represents the charity on general matters, becaus…
What must a law firm do when it learns a former partner overcharged clients for expenses and may have had access to client trust accounts?
The committee was of the opinion that the firm must disclose the former shareholder's conduct and the potential conflict to every client the shareholder could have stolen from, conduct an independent …
After a lawyer has withdrawn from a case, can the lawyer sign a proposed court order on the former client's behalf at the judge's request?
The committee unanimously concluded that because the lawyer had withdrawn as the father's counsel, the lawyer had no authority to sign the proposed order.
Can a lawyer sell a law practice including its goodwill, and are restrictive covenants allowed as part of the sale?
The committee unanimously concluded there is no per se prohibition on selling a law practice including goodwill, provided the seller protects client confidences, informs clients of the sale and of the…
Can a contingent fee agreement pay the greater of a percentage or a flat fee, and can it bar the client from settling unless the settlement covers attorney's fees?
The committee concluded a greater-of percentage-or-flat-fee contingent provision is permissible, but a clause barring the client from settling unless the settlement included a reasonable fee might be …
Can a lawyer withdraw from prosecuting a client's appeal when the lawyer believes the appeal is imprudent, and can a fee contract bar the client from settling?
The committee concluded a lawyer may withdraw from an appeal under RPC 1.15(b)(3) if the lawyer honestly and reasonably believes prosecuting it is imprudent, but a contract clause requiring counsel's …
Can a Washington lawyer waive an absent juvenile client's speedy trial right when the client has never made contact?
The lawyer must consult the client if possible; if the client never made contact and is absent, the lawyer must ask the court whether the client received notice to appear, and if so may use best judgm…
Is a lawyer who serves as a guardian ad litem in a domestic case the child's attorney, and do the Rules of Professional Conduct apply to that role?
The committee concluded that a guardian ad litem does not serve as the child's attorney but is appointed to investigate and advise the court on the child's best interest, and that a lawyer acting as a…
When does the attorney-client relationship begin for a public defender whose client is appointed by the court?
The committee concluded that the attorney-client relationship begins when the court appoints a lawyer to represent a client, and that the lawyer's obligation thereafter is to represent the best intere…
Is a firm disqualified before a court commissioner whose ex-wife the firm represented, and must it tell its clients about that connection?
The committee was of the opinion that the firm is not disqualified from having cases heard by the commissioner; if relevant, RPC 1.1 and 1.4(b) require disclosing the connection to the client, but the…
Must a lawyer tell the client that the adverse party is represented by the court commissioner's former lawyer?
The committee was of the opinion that if it were pertinent to the client's case, RPC 1.1 and 1.4(b) would require disclosing that the adverse party is represented by the commissioner's former lawyer; …
Does a lawyer have to tell a client whether the lawyer carries malpractice insurance?
The committee was of the opinion that nothing in the rules requires a lawyer to advise a client that the lawyer has malpractice insurance, but if the client asks, the lawyer must either answer honestl…
Must a lawyer prod the court to enter a long-delayed judgment when the client, who benefits from the delay, does not want the lawyer to do so?
The committee was of the opinion that the lawyer had made reasonable efforts to expedite the litigation consistent with RPC 3.2 and that no provision of the rules obligated the lawyer to do more, give…
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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.