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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How must a Washington lawyer handle funds in the trust account that the client and a third party both claim?
The lawyer must promptly pay out the undisputed amounts, keep the disputed portion in trust until the dispute is resolved, investigate each claim preliminarily, and (if more than one claim is nonfrivo…
Can a lawyer for a long-term care facility share a resident's information with a prospective guardian and later represent both the facility and the guardian?
A facility's lawyer may share resident information with a prospective guardian only if substantive law permits it and the lawyer's competence duty to the facility (including protecting the resident's …
In a wrongful death case, can one lawyer represent the personal representative both individually and as fiduciary, and also represent the decedent's children who are statutory beneficiaries?
Qualified yes. The committee concluded a lawyer may represent the surviving spouse in both her individual and personal-representative capacities if she signs an informed RPC 1.7(b) waiver, and may als…
When a private attorney is hired as a special assistant attorney general to pursue L&I's third-party claim, is the injured worker also the attorney's client?
No. The committee concluded that under the standard L&I agreement, the Department, not the injured worker, is the sole client, because the worker assigned the claim to L&I; the attorney may not pursue…
After mediating a divorce between two unrepresented spouses, can the lawyer-mediator prepare the court pleadings that carry out their agreement?
Qualified. The committee concluded a lawyer-mediator may write up the parties' agreement and may fill in blanks on a pleading form as the parties direct, but may not draft customized pleadings for bot…
In insurance-defense or employer-paid representations, can the defense lawyer share the client's confidential information with a third-party administrator, broker, HR manager, or risk manager?
No, unless the lawyer's client gives informed consent. The committee concluded that even within the tripartite or quadripartite relationship, RPC 1.6(a) bars disclosing client confidential information…
Can a lawyer who learns a client is running a financial scam report the client to law enforcement, and must the lawyer do so?
The lawyer is not required to report a financial scam that does not threaten substantial bodily harm, but Washington RPC 1.6(b)(2) permits disclosure to prevent a client from committing any crime, lim…
Can a lawyer take a security interest in a client's real property to secure payment of fees, including during a divorce case?
Yes. Under RPC 1.8(i) a lawyer may take a contractual security interest in a client's real property to secure fees; if the interest is added by modifying an existing fee agreement, the lawyer must als…
Under a county public-defense contract, must the contract specify a fair and reasonable amount for investigation costs, including routine ones?
Yes. The committee, declining to assess past conduct or contract funding levels, concluded that RPC 1.8(m)(1)(ii) requires a public-defense contract to specifically designate a fair and reasonable amo…
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 represent one wholly owned subsidiary while being adverse to another subsidiary of the same parent company?
The committee concluded the answer is fact-dependent under RPC 1.7, 1.13, and ABA Formal Opinion 95-390, and that the inquiry did not present enough facts to decide, noting RPC 1.7(a)(2) may also appl…
Do the lawyer conflict-of-interest rules apply to a lawyer acting as a hearing examiner rather than representing a client?
No. The committee concluded that a lawyer serving as a hearing officer is not representing a client, so the conflict-of-interest rules are not implicated, while expressing no opinion on other laws or …
Can an assistant city attorney who supervises the city's mental health court prosecutions also serve as a pro tem judge in the county's district mental health court?
The committee concluded that nothing in the Rules of Professional Conduct bars an assistant city attorney from serving as a pro tempore judge in an unrelated jurisdiction, so long as the attorney foll…
Can a lawyer have a client sign a stipulated judgment or promissory note for estimated fees before the representation begins, to secure payment from the marital home?
No. The committee concluded that obtaining a pre-representation stipulated judgment to secure fees is unreasonable per se under RPC 1.5(a), a nonconsentable conflict under RPC 1.7, and an impermissibl…
Can a real estate brokerage's general counsel provide limited-scope legal services to the brokerage's customers as part of the brokerage's package, paid by salary?
No. The committee concluded the arrangement violates RPC 5.4(a) and (b), which bar fee splitting and partnership with a non-lawyer whenever any part of the activity is the practice of law, even though…
Can a lawyer take a revolving credit line from a financing company using the value of the firm's contingent cases as collateral?
The committee declined to approve the specific venture but said any third-party firm financing must observe three principles: the financier may not direct the lawyer's professional judgment or materia…
Does a contract city attorney who prosecutes for the city have a conflict of interest in a criminal charging decision when the subject has ties to city council members?
The committee concluded the city attorney represents the city itself, and that there is no inherent conflict in making a charging decision, though a conflict can arise under RPC 1.7(a)(2) where a pers…
Can a part-time elected county commissioner represent a criminal defendant in a city municipal court before a judge who is also the county's elected district court judge?
The committee concluded yes, because no rule bars a lawyer who is also a public official from representing clients in criminal matters in another jurisdiction; RPC 1.11 did not apply since the commiss…
Can a lawyer who represented a now-deceased client probate that client's estate for the personal representative, who is the client's spouse and sole heir?
On the limited facts presented, the opinion concludes the Rules of Professional Conduct do not prohibit it. But the opinion lists situations that could obligate the lawyer to withdraw, including learn…
Can a lawyer keep referring probate-estate clients to a real estate broker that now employs the lawyer's spouse, and what must the lawyer disclose?
The opinion concludes the referral is not prohibited so long as the lawyer fully discloses, in writing, that the spouse is employed by the broker and the client gives informed consent confirmed in wri…
Can a lawyer pay the litigation costs for a nonprofit it represents pro bono because the nonprofit's wards are indigent?
No. The committee concluded that RPC 1.8(e)(2)'s indigent-client exception lets a lawyer pay court costs and litigation expenses only for an indigent client, and a nonprofit guardianship corporation, …
Can a lawyer refer clients to a relative who is a realtor and discount the clients' legal fees if they use that relative?
The committee concluded no RPC per se prohibits either the referral or the fee discount, but it flagged concerns under RPC 1.6 (client confidences, heightened between family members), RPC 1.7 and 1.8 …
Can a family law deputy prosecutor also serve part-time as a substitute family law court facilitator without a conflict of interest?
The committee concluded the situation is governed by RPC 1.7 and 1.12 and that, because people the lawyer helps as a substitute court facilitator might later become adverse to her when she represents …
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…
Is it unethical for a lawyer to file a bankruptcy adversary proceeding pro se to discharge their own student loans as an undue hardship?
Not per se. The committee concluded that a lawyer representing himself must still follow the Rules of Professional Conduct as if representing another, so it is not inherently unethical to file the adv…
Does RPC 1.10(a) impute a part-time or of-counsel lawyer's conflicts to a firm, even for clients that lawyer represents outside the firm?
Yes. The committee concluded that a part-time or of-counsel lawyer is 'associated' with the firm under RPC 1.10(a), so the firm cannot represent a client where that representation would conflict with …
Can a Washington lawyer employed by one state agency open a private practice representing employees of other state agencies in civil actions against the state?
It depends on the facts. The committee concluded that, assuming the lawyer has no attorney-client relationship with his own agency, RPC 1.7(a)(2) could bar the outside representation if it would be ma…
Can a lawyer who is the guardian of an incapacitated person also appoint himself trustee of that person's special needs trust?
The committee concluded he cannot: because establishing the special needs trust does not necessarily end the guardianship and the guardian's and trustee's duties do not necessarily coincide, holding b…
Does a county prosecutor have a conflict prosecuting someone who briefly worked on the prosecutor's spouse's political campaign, and is the whole office disqualified?
The committee concluded the elected prosecutor's possible personal-interest conflict is analyzed under RPC 1.7(b), and that even if he is personally disqualified the conflict is not necessarily impute…
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 …
Does a lawyer who drafted a will have a conflict in representing one heir against another in a dispute over the estate?
The committee concluded that the lawyer who drafted the will does not necessarily have a conflict requiring withdrawal where the will's validity, the testator's competency, and confidential communicat…
Can a lawyer disclose that someone was a former client, and represent a new client adverse to that former client, when the former client won't consent?
The committee concluded the lawyer needs no consent to disclose the existence and subject of the prior representation, because a client's identity and the nature of the matter are usually not confiden…
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…
How far back does a law firm have to check its former clients when running a conflict-of-interest check?
The committee said that under RPC 1.9 a conflict continues indefinitely once it arises, and under RPC 1.10 a firm must check for conflicts as far back as each of its attorneys has been in practice; th…
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 retired judge now at a legal aid office represent a client who once appeared before him on the bench?
The committee said that if the retired judge had no personal and substantial participation, while on the bench, in the matter he now wishes to handle, representation does not appear to violate RPC 1.1…
Can a lawyer draft a will for a family member that leaves substantial gifts to the lawyer or the lawyer's relatives?
The committee said RPC 1.8(c) bars a lawyer from preparing an instrument giving the lawyer or the lawyer's parent, child, sibling, or spouse a substantial gift unless the client is related to that rec…
Can a lawyer take client referrals from a mortgage lender and act like the client's loan broker in exchange for cross-referrals?
The committee said the arrangement might violate RPC 7.2(c) because a reciprocal referral deal with a nonlawyer lender would be giving something of value for referrals, and it might also implicate RPC…
Can one lawyer serve as in-house counsel for several unrelated corporations at the same time?
The committee said yes: a lawyer may serve as in-house counsel for more than one unrelated corporation, treating each as a separate client, so long as no corporation profits by 'renting out' the lawye…
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…
Can a firm represent a new client against a former client when the new matter involves a different property and unrelated facts?
The committee said RPC 1.9 did not bar the representation, because the former construction-defect matter and the new encroachment claim were not the same or substantially related. The firm remained ba…
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 …
Does a prosecutor have to disclose a romantic relationship with a law enforcement officer who may be a witness in the prosecutor's cases?
The committee said disclosure is not required while the officer is not involved in any of the prosecutor's cases, but once the officer may be an arresting or investigating witness, the prosecutor must…
Are advance (blanket) conflict-waiver clauses in a fee agreement effective in Washington?
The committee said the Board of Governors has taken no position on promulgating an advance-waiver form, and it offered no opinion on what to include in a fee agreement. On the merits it said an advanc…
Can a lawyer accept regular client referrals from a financial-services company without sharing fees with it?
The committee said yes. Accepting frequent estate-planning referrals from a financial-services company that is an occasional client does not by itself violate RPC 1.4(b) or 1.7(b) where there is no fe…
Can an estate-planning law firm set up a separate company to sell investment products to its own clients?
The committee said that on the facts presented the arrangement would be prohibited. A firm could establish a separate investment-advisory business only by fully complying with RPC 1.5, 1.6, 1.7, 1.8, …
After serving as an elected mayor, when can a lawyer represent clients in matters involving the same municipality?
The committee said RPC 1.11 governs. Under 1.11(a) the lawyer is disqualified (absent the government employer's consent) from a matter in which the lawyer participated personally and substantially whi…
Can a lawyer who used to defend insurance companies later sue those same insurers for plaintiffs?
The committee said yes, as long as the new matters are not the same as or substantially related to the prior insurance-defense work and no confidences or secrets of the former client will be used agai…
Can one lawyer represent two people injured in the same accident when one of them may be partly at fault?
The committee said no. Because the motorcycle driver and the passenger had potentially adverse interests (the driver's likely comparative negligence), representing both created a conflict under RPC 1.…
Can a phone call with someone who does not hire you create a conflict that blocks you from later representing the other side?
The committee said RPC 1.9 applies only if an attorney-client relationship existed, which depends on whether the prospective client subjectively believed one existed and whether that belief was object…
Can a lawyer represent a new client against a former client in a matter related to the earlier work, when the old file is gone?
The committee concluded that representing an adjoining landowner in an easement-reformation dispute, after a one-time 1996 consultation for a party on the purchase of the same property, involves the s…
Can one law firm provide both the city attorney and the municipal court judge to the same city?
On the facts presented, with the city attorney walled off from the municipal court's civil functioning, not appearing before or advising the municipal judge, and the city consenting in writing, the co…
If a lawyer is also a real estate agent, can the lawyer refer legal clients to the lawyer's own real estate office using a standard disclosure-and-consent form?
The committee concluded the proposed disclosure-and-authorization form did not satisfy the rules. Referring legal clients to a real estate office the lawyer is associated with raises serious conflicts…
Can a lawyer take a lien on property to secure fees, and can a lawyer loan a client money to fund a settlement?
Reconciling two earlier informal opinions, the committee said a lien granted by law to secure a lawyer's fees or expenses falls within the exception in RPC 1.8(j)(1) and does not violate the rule, but…
Can a public defender take on a client's second, unrelated matter with the client's consent, and must the public defender first contact the lawyer already assigned to that second matter?
The committee said a public defender may represent a client on more than one matter if the client consents and the public defender is competent and meets the conflict and related rules. It also said R…
Can a law firm serve as a city's civil attorney when one of the firm's lawyers is the city's municipal court judge?
The committee was unable to approve the arrangement. The city is a party in essentially every criminal, traffic, and many civil matters before the municipal court, so the firm-member judge would be he…
Does a lawyer's family relationship with a material witness and an alleged co-conspirator create a conflict that bars representing another party in the same case?
The committee concluded that the family relationship gives rise to an RPC 1.7(b) conflict because the representation may be materially limited by the lawyer's own interests and responsibilities to fam…
When a third party pays a client's legal fees, can the lawyer send the payer an itemized bill of the work performed?
The committee concluded that a lawyer whose fee is paid by a third party has the same obligations as one paid by the client, and may submit a billing statement to the payer provided it does not requir…
Can a lawyer work as a 'risk management consultant' for an insurance broker, reviewing the broker's insureds and advising them, without violating the ethics rules?
The committee concluded it may be ethically possible but the risk of running afoul of the rules is high. Whether the work is the practice of law is a substantive-law question outside the committee's p…
Can a prosecutor's office let its nonlawyer staff member run an unsupervised jail program where represented detainees discuss their cases?
The committee concluded that RPC 4.2, 5.3, 1.7, and 3.8 are all potentially violated when a nonlawyer employee of the prosecuting attorney's office runs an unsupervised jail Bible study with represent…
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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.