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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Must a criminal defense lawyer give a former client a copy of redacted discovery from the file after sentencing, on request?
The lawyer must surrender the file a former client is entitled to under RPC 1.16(d), but for discovery materials that obligation is conditioned on first complying with the criminal-rule restrictions o…
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 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…
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…
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 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…
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 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 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…
After a client dies, who can waive the attorney-client privilege and can the lawyer charge to handle the file?
The committee said the duty to protect a client's confidences under RPC 1.6 survives the client's death, so absent a valid waiver or a court order the lawyer should assert the privilege against third-…
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…
After a court decision could overturn a former client's conviction, does the lawyer who handled the case have a duty to go back and advise the client?
The committee said that once the representation has ended, the convicted person is a former client, and absent an ongoing relationship or a reasonable basis for the client to believe the relationship …
Must a lawyer give a former client, now in prison, a copy of the client's own incriminating written statement on request?
Yes. The committee concluded that RPC 1.15(d) requires a lawyer to surrender papers and property to which the client is entitled when representation ends, and that, absent a guardianship or other cour…
Can a lawyer jointly represent civil co-defendants where one defers control to the paying client, and take an advance waiver of future conflicts?
Yes, within limits. The committee concluded the RPCs do not bar joint representation of civil co-defendants; RPC 1.7 requires written consent after consultation and disclosure, RPC 1.2(c) lets a lawye…
Can a lawyer who did collections and eviction work for a hospital later sue that hospital for malpractice on behalf of a new client?
Yes, if the matters are not substantially related. Assuming a former attorney-client relationship with the hospital, the committee concluded RPC 1.7 and 1.8 did not apply (the hospital was not a curre…
Can a lawyer contact a former client, now represented by new counsel, to warn about the new lawyer's possible malpractice?
No. The committee concluded that, absent authorization by law, a lawyer may not make unilateral contact with a former client now represented by new counsel about the subject of the new representation;…
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 lawyer who investigated a liability claim for a reinsurer later represent a third party against the insured in an unrelated matter without the insured's consent?
The committee concluded the Rules did not prevent the representation, assuming the lawyer learned no confidential information from the insured that would benefit the new client or harm the insured. Be…
Can a former contract public defender become the city attorney in the same jurisdiction?
The committee concluded that as long as the attorney complies with RPC 1.9 and 1.8, the attorney may appropriately act as interim and full-time city attorney. It said the attorney's separate role as a…
Can a family-law lawyer also serve as counsel to a volunteer guardian ad litem program without a conflict?
The committee concluded that, given the lawyer's representation that the contract with the volunteer guardian ad litem program will preclude accepting private-practice matters involving the program or…
Do conflicts from a law-clerk or intern job follow a lawyer after admission, and can screening cure them?
The committee concluded that conflicts from clerk or intern work can follow the person into practice: RPC 5.3 makes nonlawyers subject to the rules through the firm's lawyers, and once admitted the la…
Can a settlement agreement restrict the plaintiff's lawyer's right to practice or use of information in future cases?
The committee concluded that RPC 5.6(b) prohibits a settlement that restricts the plaintiff's attorney's right to practice, so the lawyer may not agree to represent the defendant or to forgo solicitin…
Can a lawyer disclose that a former client who is a personal representative may be breaching fiduciary duties to the estate?
The committee concluded that RPC 1.6 prevents disclosure to the beneficiary unless the lawyer's belief that the personal representative intends to commit a crime or breach a fiduciary duty has a suffi…
Can a firm sell its fee judgment against a former client to the opposing party in the litigation the firm handled?
The committee said assigning, for compensation, the firm's judgment against its former client to the defendant in the litigation in which the firm previously represented that client does not meet the …
Must a lawyer withdraw from a civil case when the lawyer's partner was briefly appointed to defend the opposing party but withdrew immediately?
The committee concluded the inquiring lawyer is not required to withdraw from representing the civil plaintiff, assuming no confidences or secrets within the meaning of RPC 1.6(a) were received by the…
Can a former deputy prosecutor handle a criminal defense appeal in a case that was pending in his old office, if he never worked on it personally?
The committee concluded there is no RPC violation as long as the lawyer complies with RPC 1.7(b); RPC 1.11(b) and 1.9(a) are not violated so long as the lawyer did not participate personally and subst…
Can a prosecutor who was formerly a public defender prosecute a former client, and is the whole office disqualified?
The committee concluded a lawyer cannot prosecute a former client if the matters are substantially related or confidences were revealed; a screened reassignment to another lawyer in the office usually…
Can a lawyer-creditor tell the bankruptcy court that a former client hid property the lawyer learned of during the representation?
The committee concluded that, assuming the former client failed to list the property, the lawyer may advise the bankruptcy court of it under RPC 1.6(b)(2) to establish the lawyer's fee claim against t…
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 …
After a client sues for malpractice and waives privilege, can the lawyer voluntarily disclose the client's confidences to a third party to build a defense?
The committee concluded that voluntary disclosure to a third party under these circumstances would violate RPC 1.6(a), and RPC 8.4(a) bars the inquiring lawyer from disclosing it; formal discovery or …
Can a lawyer represent a husband in his divorce after having briefly represented his current wife in an unrelated earlier matter?
The committee concluded the lawyer will not violate the RPCs by representing the husband, that there is no conflict of interest requiring the wife's approval, and that the lawyer must keep confidentia…
Can a lawyer who left a firm represent a client against a corporation that was the firm's client while the lawyer was there?
The committee concluded that under RPC 1.9 the former corporate client's confidences are imputed to the departed lawyer whether or not the lawyer handled the work, so the lawyer cannot take a claim ag…
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…
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 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.
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)…
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 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 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…
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…
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…
After a dependency action against a father, can a lawyer keep representing both the father and his injured minor child on the child's injury claim?
The committee concluded that several conflict rules prohibit the lawyer from continuing to represent either the father or the minor child without a court order or written consent, and that the lawyer …
Can a lawyer who once represented an insurer's insured later sue a different person insured by that same insurer?
The committee was of the opinion that if the lawyer never represented the insurer and holds no confidences or secrets about it, the Washington RPCs do not bar representing a client against a party it …
Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?
The committee was of the opinion that, on the facts presented, where the lawyer did not personally work for the adverse client at the former firm and obtained no confidences or secrets, there would be…
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…
Must a law firm turn over a former client's time and billing records to the new lawyers now representing that client?
The committee was of the opinion that the firm is not required to respond to a request for time or billing records unless the request is made by one of the firm's own former clients.
Can a former government agency lawyer represent a private client in a matter the lawyer worked on while in government, and what consent is required?
The committee was of the opinion that RPC 1.11(a) applies and requires the agency's affirmative consent, which a cited criminal statute does not supply; the lawyer's current scope appeared covered by …
After filing an appearance for two clients, then discovering a conflict between them, can a lawyer withdraw from one and keep representing the other?
The committee was of the opinion that because the lawyer filed a Notice of Appearance for both clients, the client the lawyer withdraws from becomes a former client, so the lawyer must satisfy RPC 1.9…
Can a lawyer market a spouse's business to the lawyer's own clients, for example by posting ads in the office or steering clients to buy products?
The committee declined to address every scenario but concluded that, as a general rule, the lawyer must comply with RPC 1.8(a) and 1.7(b) for current clients because the lawyer has a pecuniary interes…
Can a lawyer give pro bono bankruptcy advice to debtors at a legal clinic when the lawyer's firm represents creditors of those debtors?
The committee concluded there is no conflict if neither the lawyer nor the firm represents any creditor of the debtor, but an actual conflict requiring RPC 1.7 compliance if they do; the firm cannot u…
When a firm screens a conflicted lawyer, must that lawyer be cut out of the whole fee or only the profit, and does notifying the former client violate the no-contact rule?
The committee concluded that RPC 1.10(e)'s requirement that a screened lawyer be 'apportioned no part of the fee' means only the earnings or profit on the screened matter, not gross fees, so the firm …
Can a criminal defense lawyer on leave of absence from a public defender agency accept assigned cases referred from that same agency?
The committee concluded the lawyer may take assigned cases from the public defender agency to the degree the cases are unrelated to the agency and there is no co-defendant or necessary witness present…
If a current and a former client both consent to waive a conflict of interest, is there still a conflict, and must the consent be in writing?
The committee concluded that because the parties had consented to waive any conflict, no conflict is presented, but noted that RPC 1.7 requires the consent be written consent as that term is defined i…
After withdrawing from work that aided a nonlawyer business's unauthorized practice, can a lawyer accept referrals of that business's clients as the business shuts down?
The committee concluded the lawyer could represent clients previously handled through the nonlawyer business, so long as the lawyer's personal interests did not conflict with the current clients and t…
Can a lawyer represent a party in litigation against a defendant when the prospective client previously served as counsel for that same defendant?
The committee concluded the lawyer should decline the representation in both scenarios, because the prospective clients, as the defendant's former counsel, are bound by RPC 1.9(b) not to disclose the …
Under a screening setup, how must a firm handle the screened lawyer's fee share, and does the required notice to the former client violate the no-contact rule?
A screened associate may draw a regular salary but no case-based bonus; a screened partner must be kept out of the case income through documented accounting; and the RPC 1.10(b) notice does not violat…
Can a lawyer who changed firms represent a client against a party that the lawyer's former firm represents, if the lawyer never worked on that matter?
The committee concluded there is no rule violation where the lawyer holds no secrets or confidences of the former client, but the lawyer carries the burden of showing compliance if the former client c…
Can a lawyer keep representing a plaintiff after learning a defendant once consulted with the lawyer's then-partner, if the lawyer holds no confidences of that defendant?
The committee concluded that, where the lawyer had no confidences or secrets of the defendant who had consulted the lawyer's former partner, RPC 1.10(c) permitted the lawyer to continue representing t…
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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.