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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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…
Can a lawyer communicate directly with a low-level government employee when the government agency is represented by counsel?
Yes, qualified. The committee concluded that under Washington's Wright v. Group Health rule, RPC 4.2 bars contact only with government employees who have managing or speaking authority to bind the age…
Can a Washington lawyer advise clients on state marijuana laws, help run a marijuana business, or use marijuana themselves when marijuana is still illegal under federal law?
Yes, qualified. Relying on Washington Comment [18] to RPC 1.2, the committee concluded a lawyer may advise and assist clients on I-502 and the Cannabis Patient Protection Act, run or invest in a marij…
Can a lawyer turn over client files and unredacted financial records to the state Department of Revenue during a tax audit without the client's consent?
No. RPC 1.6 obligates the lawyer to keep client files and unredacted client-related financial records confidential, even when the Department of Revenue demands them in an audit, absent the client's pe…
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 tell discharged jurors after a verdict about evidence that was excluded at trial?
The committee concluded post-verdict disclosure of excluded evidence is not a per se violation; it violates RPC 3.5(c) only if the communication involves misrepresentation, coercion, duress, or harass…
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 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 public defender attorneys give their funding agency the names, case numbers, and outcomes of sealed dependency cases without violating client confidentiality?
The committee concluded that RPC 1.6(a) bars revealing dependency-case disposition information whose disclosure would be embarrassing or detrimental to the client, but that information not tied to a p…
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…
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 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 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…
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…
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 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 public defense agency give a county funder information from client files to verify billing or run a performance audit?
The committee said RPC 1.6 bars disclosing client confidences or secrets to a funding authority, and a lawyer cannot have the client waive that protection, but the rule does not preclude submitting ti…
Can a prosecutor's office keep employing a lawyer who is being suspended or disbarred, even in a non-lawyer position?
The committee said no. RPC 5.5(d) prohibits a lawyer from maintaining a law office shared with, or practicing under any compensation arrangement or in cooperation with, a person who is disbarred, susp…
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 public defender agency hand over client confidences to the county as part of a contract audit, even if the auditor is a lawyer?
The committee concluded that a public defense agency representing indigent clients cannot disclose client confidences and secrets for a county program audit, because the audit is not done to carry out…
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…
Is the WSBA's old opinion on electioneering by deputy prosecuting attorneys still good guidance, or has a statute superseded it?
The committee concluded that Formal Opinion 102, which had addressed electioneering by deputy prosecuting attorneys, is no longer accurate given the requirements of RCW 42.17.130, and recommended that…
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…
Can a deputy prosecuting attorney do pro bono legal work?
The committee declined to address the inquiry's questions about proposed RPC 6.1 (not yet adopted) and about RCW 36.27.060 (a legal question outside its purview). It clarified that there is no reason …
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…
Does a government lawyer have a conflict of interest when their spouse works for the same agency the lawyer represents?
Not automatically. The committee concluded that a lawyer and a spouse working for the same employer, where the spouse may be involved in the matter, does not by itself create a conflict; only if some …
Does a full-time court bailiff who is also a lawyer create a conflict of interest by doing pro bono work for claimants before a federal agency?
The committee concluded that, on the facts presented, a full-time lawyer-bailiff's pro bono representation of claimants in matters heard exclusively by federal agencies and courts does not create a co…
Can a state child-support agency lawyer draft the basis for a parent's appeal of a support determination the agency obtained?
No. The committee concluded that a DSHS Division of Child Support lawyer's preparation of appellate documents for an aggrieved parent is a violation of RPC 1.7, and that under RPC 5.2 the lawyer must …
Can a government lawyer argue to a court that another lawyer's assignment is ethical, in response to that lawyer's ethics-based objection?
Yes. The committee concluded that a lawyer may raise and argue ethical issues to a tribunal, and that doing so is not a violation of RPC 8.4(a).
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 part-time deputy prosecutor also serve as a part-time municipal court judge in the same county?
The committee concluded that nothing in the Rules of Professional Conduct bars a county deputy prosecutor from also serving as a part-time judge in an unrelated jurisdiction. It assumed the municipal …
Can government lawyers ethically threaten a 'sick out' or a strike as a labor action?
The committee took no position on labor law. It directed lawyers to the candor rules for a 'sick out' (falsely reporting illness), concluding labor-law rights do not preempt the duty of candor, and to…
Is it a conflict of interest for a government lawyer to prepare legal documents for a party who was aggrieved by an order the same lawyer obtained?
Yes. The committee concluded that a government lawyer's preparation of appellate documents for a party aggrieved by orders the lawyer had obtained violates RPC 1.7, and that under RPC 5.2 the lawyer m…
Can a head prosecutor require approval before a deputy files a bar complaint against another lawyer?
The committee concluded that an elected prosecutor may reasonably require that the prosecutor review all professional-misconduct complaints before they are filed with the WSBA, but that requiring the …
Can a criminal defense firm hire a nonlawyer assistant who previously worked at the prosecutor's office?
The committee concluded that, in general, the firm is not disqualified from accepting cases involving the County Prosecutor's office. It directed the lawyer to RPC 1.10(b)(3) if information the assist…
Can a prosecutor bid on a public defender contract that begins after their term ends?
The committee concluded it is impermissible under RPC 1.7 for a prosecuting attorney to bid on a public defender contract, even one to take effect after the prosecutor's term of office has ended. It o…
Can a part-time city prosecutor also represent private criminal defendants in the same court?
The committee concluded that a part-time city prosecutor who also represents private criminal clients in the same courts has a conflict of interest, directed the inquirer to Formal Opinion 161, and st…
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 lawyer defend misdemeanor clients in a municipal court while also serving as that city's prosecutor pro tem?
The committee concluded RPC 1.11 does not control; because the lawyer intermittently serves as the city's prosecutor, the city is a client, so RPC 1.7 governs, making defense of criminal clients in th…
Can a lawyer prosecute a defendant for the city while also opposing that same defendant in a civil case?
The committee concluded that representing private parties while representing the city against those same parties does not comply with RPC 1.11, that affected independent judgment would violate RPC 1.7…
Can a lawyer alternate between working for a prosecutor's office and a criminal defense firm?
The committee concluded the question is governed by RPC 1.11, with RPC 1.7 also applying, and that on the stated facts, where the lawyer avoids the rule's specific overlaps, the lawyer would appear to…
Does the no-contact rule apply to a licensed lawyer working a non-legal government job who contacts represented claimants?
The committee concluded the RPCs apply to all licensed Washington lawyers, but RPC 4.2 bars contact with a represented party only when the lawyer is giving legal representation or advice; absent that,…
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…
Can a lawyer who works as a criminal-court bailiff also appear as a private practitioner before other judges and commissioners?
The committee said that, absent specific conflicts and with appropriate consents and approvals from clients and opposing counsel, it does not violate the Rules for a county criminal-court bailiff to a…
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 law firm partner take a part-time leave to serve as a Special Attorney General litigating for the state?
The committee declined to give a comprehensive answer without more information and directed the inquirer to comply with RPC 1.6, 1.7, and 1.9.
Can a lawyer suing a city make a public records request directly to a city official who is a represented adverse party?
The committee concluded that a public records request under RCW 42.17 is an independent justification, expressly authorized by law, for communicating with a government official who would otherwise be …
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…
Can a lawyer use a pseudonym (a fake name) while doing legal work?
The committee was of the opinion that, while it does not decide whether particular agency staff are practicing law, if an attorney is engaged in the practice of law then using a pseudonym would violat…
Are a county public defender's case conflicts imputed to a lawyer just because the lawyer is married to that public defender?
The committee determined that the county public defender's office conflicts are not imputed to a lawyer merely because the lawyer is the spouse of a county public defender, where the two will never re…
Can a public defender office contract to appoint and pay outside conflict counsel from its own budget?
The committee was of the opinion that a contract requiring the public defender office to recognize conflicts and hire outside counsel from its budget raises conflict issues under RPC 1.7 and 1.9, and …
Can a law firm represent clients adverse to a city when one of the firm's lawyers serves on the city council?
The committee was of the opinion that because there is no attorney-client relationship with the city council, RPC 1.7(a) does not apply, but RPC 1.7(b) always applies and may require client consent af…
Does a prosecutor have a conflict of interest when investigating a police officer the prosecutor works with?
The committee was of the opinion that the employment relationship alone does not create an attorney-client relationship, so there is no inherent conflict under RPC 1.7(a), but there is a potential con…
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 …
If a deputy prosecutor is engaged to a city police officer, must the whole prosecutor's office be disqualified from cases the officer is involved in?
The committee was of the opinion that there is no vicarious disqualification of other deputy prosecutors unless their independent judgment is tainted under RPC 1.7(b).
Does a private criminal-defense lawyer have a conflict of interest when the lawyer's spouse is the city attorney for the same city?
The committee was of the opinion that a lawyer appointed to represent criminal defendants whose spouse is the city attorney must comply with RPC 1.7(b) and 1.8(i); if the spouse has no connection to a…
Does a deputy prosecuting attorney have a conflict of interest when the prosecutor's spouse is a county probation officer?
The committee concluded RPC 1.7 applies and that any conflict from the marriage is one the client, the county, could consent to after disclosure, presuming the prosecutor reasonably believed the relat…
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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.