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 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 lawyer charge a contingent fee to help a will beneficiary recover more of the estate than she was told she would receive?
Yes, a reasonable contingent fee is permissible in a probate matter where the lawyer's work creates a genuine risk and recovery, here a percentage of any amount obtained above the $30,000 the executor…
Can the portion of a flat fee meant to cover specified costs (like a filing fee) be treated as the lawyer's property, or must it go in trust?
It must go in trust. An advance specified for expenses cannot be part of a flat fee that is the lawyer's property on receipt; it must be deposited in the lawyer's IOLTA account and kept there until th…
What must a lawyer do when a client's creditor serves a writ of garnishment on the lawyer's trust account holding the client's advance fee deposit?
If the client disputes the writ, the lawyer must hold the funds in trust under RPC 1.15A(g) until the court or the parties resolve the dispute; if the client does not dispute it, the lawyer must disbu…
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 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…
Can a lawyer keep a 'non-refundable availability retainer' as the lawyer's own property if it credits the client future hours, and can hourly-rate work be called pro bono?
No. The committee concluded that a fee crediting future legal services is not a true retainer under RPC 1.5(f)(1), so it must go into trust under RPC 1.15A(c)(2); and labeling full-rate hourly work as…
Can a lawyer put a clause in the fee agreement saying that if a client never cashes a refund check from the trust account, the leftover funds become the lawyer's?
No. The committee concluded such a clause violates RPC 1.15A, 1.5, and 1.8; uncashed client funds must be treated as unclaimed property under RCW 63.29, and the rule is the same regardless of the amou…
Can a Washington lawyer pay or receive a fee from another lawyer purely for referring a client, where the referring lawyer does no work and takes no responsibility?
No. The committee concluded that paying or receiving a pure referral fee between lawyers is prohibited by RPC 7.2(b) and RPC 1.5(e), because it is not proportioned to services and involves no shared r…
When a client dies leaving a fee deposit in the lawyer's trust account, to whom does the lawyer pay it, what fees can be taken, and what can the lawyer reveal?
The committee concluded the lawyer must take reasonable steps to identify who is entitled to the funds and hold or interplead them if there is a dispute, may charge only reasonable fees that were unde…
Can an elder-law lawyer make an attorney fee agreement irrevocable and non-refundable so the prepaid fee counts as a Medicaid spend-down?
No. The committee concluded fee agreements may not be irrevocable, because that would violate the reasonable-fee requirement of RPC 1.5 and the client's right under RPC 1.16(d) to a refund of unearned…
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 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…
When a firm pays an independent contract attorney a bonus tied to how a case turns out, is that a division of fees governed by RPC 1.5(e)?
The opinion concludes that any compensation directly tied to or dependent on the client's payment of a gross fee may be a division of fees under RPC 1.5(e)(1), so a bonus that ties the right to and am…
Can a contingent-fee agreement make the client repay advanced litigation costs if the client rejects a settlement the lawyer considers fair?
No. The committee concluded that conditioning the client's obligation to repay advanced costs on the client's acceptance of the lawyer's settlement advice imposes adverse financial consequences that i…
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 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 …
Is paying a contract or temporary lawyer only for the hours the hiring lawyer bills to and collects from the client a 'division of fee' governed by RPC 1.5(e)?
No. The committee concluded that the arrangement does not implicate RPC 1.5(e), which applies to a division of fee between lawyers not in the same firm, because the gross fee the client pays the hirin…
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…
Can a Washington criminal defense lawyer charge a client for copying the case file or discovery, and does the answer change for an indigent appointed client?
For a retained client, the lawyer may shift copying costs only if the original fee agreement contains an express term to that effect entered at the start of the representation; otherwise the file belo…
If a lawyer waives part of a contingent fee for the client after settlement, must the lawyer tell the client's PIP carrier, whose reimbursement was reduced by a pro rata share of that fee?
Yes. The committee concluded that while waiving part of the fee is itself fine, the actual fee charged is a material fact in calculating what the lawyer keeps from the PIP carrier's reimbursement, so …
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…
Can a contingent fee be calculated on both the client's recovery and the statutory attorney-fee award in a fee-shifting case?
The committee said that so long as the contingency fee agreement is reasonable, a fee structured on both the principal recovery and the statutory fee award does not appear to violate the RPCs, and the…
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 a lawyer assert an attorney's lien on bail money the client's father posted?
The committee said it does not decide whether an attorney's lien may properly be asserted against the bail funds, because it does not opine on questions of law. It did say that the false assertion of …
Are non-refundable fees subject to the reasonableness requirement, and when is reasonableness measured?
The committee concluded that non-refundable fees are subject to both the reasonableness requirement of RPC 1.5 and the refund requirements of the termination rule (then RPC 1.15, now RPC 1.16). Reason…
Can a lawyer charge the client a percentage markup on a subcontractor's bill for managing that subcontractor?
The committee said yes: a lawyer may charge a fully informed client a 10 percent surcharge on a subcontractor's (here an actuary's) billing in payment for monitoring the subcontractor, as long as the …
Can a lawyer charge a contingent fee to fight an administrative driver's-license suspension in a DUI case?
The committee said yes: a lawyer may charge a reasonable contingent fee for representing a client in a civil administrative driver's-license suspension or revocation proceeding, because it is not a cr…
Can a non-profit law firm charge a flat non-refundable fee for incidental file-opening costs and deposit it in its regular account instead of its trust account?
The committee said yes. A non-profit firm that charges a $100 non-refundable fee for the incidental costs of opening a file may place that fee in its regular account when it is received, rather than h…
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 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…
When does an attorney-client relationship form under a prepaid legal services plan, and can the plan's Washington lawyer initiate contact with plan purchasers about plan benefits?
The committee declined to fix the moment the relationship forms, calling it a mixed question of law and fact, but said it is unlikely to exist after purchase and before the subscriber contacts the law…
Can a law firm write off an unpaid client bill and file an IRS Form 1099 naming the client and reporting the write-off as income?
No. The committee concluded that filing an IRS Form 1099 disclosing the client's identity would likely be detrimental to the client and is therefore barred by RPC 1.6, that the issue persists even if …
Are flat fees allowed in Washington, where should a flat fee be deposited, and what if the work isn't finished?
Flat fees are allowed if reasonable. The committee concluded a flat fee does not violate the RPCs but must be reasonable under RPC 1.5 (and may be unreasonable if the relationship ends before the work…
Can a lawyer charge a contingency-fee client interest on litigation costs the lawyer advances?
Yes, with conditions. The committee concluded that a lawyer may provide in the written fee agreement, at the start of a contingency-fee representation, that advanced costs accrue interest after a stat…
Can a lawyer give a client in litigation money for an emergency, or lend it, under RPC 1.8(e)?
A gift yes, a loan no. The committee concluded that a lawyer may make a bona fide gift with true donative intent without violating RPC 1.8(e), but may not make a loan to a client under RPC 1.8(e); the…
Can a retired, inactive lawyer's retirement agreement with the former firm include a percentage 'referral fee' on fees generated?
No as to the referral fee. The committee concluded that the agreement's percentage 'referral fee' violates RPC 7.2, but retirement payments and compensation for future non-lawyer services that do not …
Can a lawyer advance a client's living expenses as 'expenses of litigation' under Washington RPC 1.8(e)?
No. The committee recommended that the phrase 'expenses of litigation' in RPC 1.8(e) not be modified or expanded to include a client's 'living expenses.'
Can a lawyer bill costs as a flat percentage of the fee instead of itemizing them?
Yes. The committee concluded that a lawyer may add a flat percentage to a client's bill (for example, 2% or 3%) in lieu of itemizing costs such as long-distance calls, postage, copying, and faxes, if …
Can a lawyer advance litigation costs for an indigent client who probably cannot repay them?
Yes. The committee concluded that the rules do not prohibit a lawyer from advancing costs for a pro bono client, even where repayment is unlikely, so long as the lawyer complies with RPC 1.8(e), under…
Can a lawyer charge a fee in a collection case that is partly a fixed amount and partly contingent on the recovery?
The committee concluded that a part-fixed, part-contingent fee is permitted in a collection matter under RPC 1.5 and RPC 1.8(j)(2). Whether the arrangement must be disclosed to a court depends on that…
When can a lawyer claim part of a former client's later settlement, and what must the client's current lawyer tell the client about that adverse claim?
The committee said whether a former attorney can recover a portion of a former client's later class action settlement depends on a fact-specific analysis of the original fee agreement and accounting, …
Can a Washington lawyer agree that a client repays advanced litigation costs only if the case is won?
The committee concluded that the proposed agreement would violate RPC 1.8(e). A lawyer may advance the expenses of litigation, but may not make repayment of those advances contingent on the outcome of…
Can a Washington lawyer charge a contingent fee to divide property of two people who lived together but were never married?
The committee concluded that RPC 1.5(d), which bars contingent fees in certain domestic relations matters, does not prohibit a contingent fee in a property dispute between parties who were never marri…
Can an insurance-defense lawyer send detailed bills describing the defense to the insurer or its outside auditor without the insured client's consent?
The committee concluded that defense counsel may not disclose confidential client information in detailed bills to the insurer or its outside auditor without the insured's informed consent, and that a…
Can a lawyer retained and paid by a sales agent represent investors who may have claims against that same sales agent?
The committee concluded the fact pattern demonstrates the potential for non-waivable conflicts of interest under RPC 1.7 and 1.8, noted possible unfulfilled fee-agreement obligations under RPC 1.5, an…
Can a lawyer disclose the client's fee agreement to the client's subrogated insurer, and must a side agreement reducing the fee be disclosed?
The committee concluded the fee agreement is generally not a confidence or secret, and even if it were, disclosure seems necessary to maximize the client's recovery; the lawyer may disclose it but wou…
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 an insurance-defense lawyer send billing records to the insurer's outside auditing company without breaching client confidentiality?
The committee did not give a categorical answer. It referred the lawyer to RPC 1.6 and the definitions of confidences and secrets, and said it could not determine in the abstract whether any specific …
When a client's spouse pays the fees and later wants a refund, who controls the money and what stays in trust?
The committee concluded that the client, not the paying spouse, controls the funds: the $250 in costs must stay in the IOLTA trust account, while the $1,500 flat fee's trust status depends on whether …
Does a nonrefundable flat fee have to go in the client trust account in Washington?
The committee concluded that an advance fee deposit must be placed in trust, while a retainer paid to secure the lawyer's availability is earned at the time of receipt and is not. A nonrefundable fee …
Can a lawyer charge earned fees to a client's credit card if the client authorized it in the engagement letter?
The committee concluded that a lawyer may charge legal fees and costs to a client's credit card sixty days after billing, where the client authorized the charge in the engagement letter, assuming the …
Can a lawyer charge a contingent fee to appeal the property-division part of a divorce decree?
The committee concluded that RPC 1.5(d)(1) prohibits a contingent fee for the appeal of the portion of a dissolution decree that challenges the trial court's property settlement award, and that the ru…
Can a lawyer put a clause in a fee agreement making it binding on the client's heirs?
The committee concluded that the proposed language making the fee agreement binding on the client's heirs is contrary to RPC 1.7(b), 1.8(a), and 1.8(j), and noted that a lawyer whose client dies durin…
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 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…
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 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'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…
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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.