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 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…
Can a lawyer pay to participate in an online lead-generation service that sends the lawyer prospective clients' contact information?
Yes, qualified. A lawyer may pay a flat or per-lead fee to a lead-generation service only if the service matches lawyers and clients on disclosed, objective criteria and does not recommend, endorse, o…
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 hire teenagers to leave Spanish-language legal-services flyers on doorsteps in a neighborhood without violating Washington's anti-solicitation rules?
The committee concluded that simply leaving a brochure on a porch, in a mailbox, or in a newspaper does not by itself violate RPC 7.3, but any direct in-person contact by the lawyer or the lawyer's ag…
Can a bar association run an online lawyer referral database, and must participating lawyers certify that they carry malpractice insurance?
The committee concluded that a lawyer referral database is not per se prohibited if the service ensures its activities are compatible with the participating lawyers' obligations, that requiring insura…
Can a Washington lawyer join a commercial networking and referral organization without violating RPC 7.2 if the organization drops mandatory referral requirements and adds safeguards?
The committee concluded that if the organization adopts and enforces the described reforms, no mandatory member referrals, posted guidance against misleading claims and requiring a prospective client …
Can a lawyer join a commercial networking group that requires members to give each other referrals?
The committee declined to reconsider Informal Opinion 1975 and reaffirmed that joining a commercial networking organization with mandatory referral requirements violates RPC 7.2, because requiring mem…
Can a lawyer financially support a nonprofit in exchange for being acknowledged to its members as having 'demonstrated competence'?
The committee concluded that the proposed relationship, in which a lawyer financially supports a nonprofit and in return uses its logo and is acknowledged to members as meeting the organization's 'dem…
Can a lawyer pay a nonprofit organization to be put on its referral list and use its seal in advertising?
The committee concluded that a pay-to-be-referred arrangement, in which a nonprofit organization refers its members to lawyers who make financial contributions and lets them use its seal, is improper,…
Can a lawyer produce and sell fill-in-the-blank eviction forms with an informational brochure to the public?
The committee said producing and selling legal forms for securing evictions under the Residential Landlord-Tenant Act, along with an informational brochure, is authorized whether or not it amounts to …
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 join a paid professional networking group that requires members to make a set number of referrals each month to keep their membership?
The committee declined to change its earlier Informal Opinion 1975, which held it violates RPC 7.1, 7.2, and 7.3 for a lawyer to participate in a commercial network that requires referrals among membe…
Can a Washington lawyer or the lawyer's staff hand out law-firm brochures in person to people at a courthouse, a fair, or an arena?
The committee concluded that RPC 7.3 prohibits direct, in-person, face-to-face solicitation by the lawyer or the lawyer's agent where there is no pre-existing relationship and the motive is pecuniary …
Can a lawyer who receives a client through a county bar referral service make the first phone call or in-person contact if the caller said they want the lawyer to call them?
The committee concluded RPC 7.3(a) bars a referral-service lawyer from initiating in-person or telephone contact to solicit employment from a referred prospective client, even where the caller indicat…
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 Washington lawyer join a networking or business referral group that requires members to refer business to each other to keep their membership?
The committee concluded that a networking and business referral association whose membership requires referrals (with potential loss of membership if no referrals occur) gives 'something of value' in …
Can a lawyer set up a booth at a street fair offering to answer legal questions or give referrals?
Yes. The committee concluded that RPC 7.3 does not prohibit a lawyer from setting up a booth at a public event, because opening a booth is not direct solicitation (the lawyer waits for the client to a…
Can a lawyer send a solicitation by email if the same content would be allowed in a solicitation letter under RPC 7.3(b)?
Yes, on the same terms as a letter. The committee concluded that if a single email's content could be sent in letter form in compliance with RPC 7.3(b), sending it by email also complies, provided the…
Can a lawyer in a county bar referral service call a referred prospective client first, before the client contacts the lawyer?
No. The committee concluded that RPC 7.3(a) does not permit participating attorneys to initiate telephone or personal contact with prospective clients referred by a county bar lawyer referral service,…
Can a lawyer mail advertising brochures to a recently incarcerated person?
Yes. The committee concluded that the rules do not prohibit a lawyer from soliciting a prospective client by mailing truthful, non-misleading advertisements, even to a recently incarcerated individual…
Can a prepaid-plan lawyer make an unsolicited call to a potential client to discuss the answers they gave on a legal-needs questionnaire?
No. The committee concluded that using questionnaire or survey information from a website to make an unsolicited call to a potential client to discuss the person's answers about legal issues and the n…
Can a lawyer mail advertising letters to people listed on a court docket?
Yes, within the advertising rules. The committee concluded that RPC 7.3(b) permits a lawyer to communicate in writing with prospective clients unless the prospective client has made known a wish not t…
Can a lawyer distribute brochures about legal services to the public and in chiropractors' offices without it being improper solicitation?
Yes. The committee concluded the conduct does not violate the Rules: the brochure was not false or misleading (RPC 7.1), the lawyer gave nothing of value to the chiropractors (RPC 7.2), the brochure c…
Can a lawyer run a side business selling mutual funds, annuities, and insurance while continuing to practice law?
The committee said it would be difficult. A lawyer is bound by the Rules of Professional Conduct in any enterprise, including selling investments, and faces a serious risk of material limitation from …
Can a lawyer send a self-published lawyer-liability newsletter to judges they appear before?
The committee concluded that sending the proposed newsletter to judges and justices should be allowed, assuming the lawyer is careful to comply with RPC 1.6 (confidentiality) and RPC 3.5 (ex parte com…
Can a Washington lawyer advertise in a free community 'address book' mailed to households?
The committee concluded the proposed marketing program does not violate RPC 7.2 or 7.3, provided the advertisement is not false or misleading under RPC 7.1, the lawyer complies with RPC 7.2(b) and (d)…
Can a lawyer advertise by posting fliers around a venue?
The committee concluded that because RPC 7.2 authorizes advertising through written communication and a flier is a written communication, posting fliers is authorized, subject to compliance with the b…
Can a lawyer advertise a family law 'divorce and custody survival' seminar aimed at prospective litigants?
The committee concluded that, to the extent the advertisement contains only factually accurate statements with appropriate disclaimers, it is not necessarily in violation of the Rules.
Can a lawyer participate in a group legal marketing program (Lawstar) that gives subscribers free or reduced-fee legal services?
The committee reviewed the inquiry about the Lawstar program and determined that its previous Opinion 1681, addressing such group legal marketing programs under RPC 7.2(c), continues to be valid.
Can a personal trust services company collect a lawyer's fee before the lawyer meets the client and refer clients to lawyers who use the company's fee schedule?
The committee found ethical concerns: a trust company obtaining the fee agreement and collecting the fee before the lawyer meets the client implicates RPC 5.4(b), and referring clients to lawyers who …
Can a lawyer advertise legal services in a folder an auto repair shop hands customers with their estimate or bill?
The committee concluded the rules do not prohibit advertising legal services in a brochure placed with an auto repair bid or bill, provided the ad complies with RPC 7.1, 7.2, and 7.3 and the shop's co…
Can a lawyer accept client referrals from a real estate broker without giving the broker anything of value?
The committee concluded that on the facts presented, where the lawyer would simply be available for a broker's referrals and would give nothing of value in exchange, the referrals would not violate RP…
Can a lawyer price the sale of a law practice as a percentage of transferred clients' fees, or sell the practice gradually over time?
The committee determined that basing the sale price of a law practice on a percentage of the gross fees from transferred clients violates RPC 1.5(e), though an annual adjustment based on gross receipt…
Can a lawyer enter an agreement with a union to refer its members for legal services?
The committee was of the opinion that, although such a union-referral agreement might on its face appear to violate RPC 7.3, the U.S. Supreme Court has held in a series of cases that such arrangements…
Can a for-profit service solicit bids from law firms on behalf of its business clients?
The committee was of the opinion that a proposed for-profit service organization that would solicit bids from law firms on behalf of its business clients would violate RPC 7.2(c).
Can a lawyer agree to have translators screen and refer clients and share the initial consultation fee?
The committee was of the opinion that the proposed agreement, under which two translators would screen clients, set an initial fee agreement, refer them to the lawyer, and share an initial consultatio…
Can a lawyer offer to represent someone for free at first and then ask for a retainer the next day?
The committee was of the opinion that, depending on the circumstances, the conduct may be permissible, but it is prohibited by RPC 7.3(a) if motivated by pecuniary gain, representation may be barred b…
Can a law firm hand out a fee-discount coupon to mark its anniversary, or donate to charity for each coupon redeemed?
The committee was of the opinion that a law firm may offer a coupon for $50 off legal fees to celebrate the firm's 25th anniversary, or may make a similar charitable contribution for each coupon redee…
Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?
The committee was of the opinion that the lawyer cannot take the people met while selling insurance door-to-door as legal clients, and if the lawyer identifies as an attorney must fully disclose that …
Can a law firm pay a nonlawyer employee a percentage of the fees from clients they bring in, and have that employee solicit clients?
The committee was of the opinion that paying a nonlawyer a percentage bonus on the gross fees from clients he generated is improper fee splitting that violates RPC 5.4(a) and 7.2(c), and that having t…
Can a lawyer attend a Chamber of Commerce networking breakfast where members introduce themselves and say what they do?
The committee was of the opinion that nothing in the rules prohibits attending such breakfast meetings, so long as the lawyer does not engage in in-person solicitation of group members, or let others …
Can a lawyer practice law and also work as an insurance adjuster?
The committee was of the opinion that a lawyer can ethically maintain dual professions but the risk of violating the rules is high; the lawyer must preserve client confidences, disclose in what capaci…
Can a lawyer use a daily list of arrested persons to send them direct-mail letters offering legal services?
The committee was of the opinion that participating in a program that supplies a daily list of arrested persons, whom the lawyer then sends a letter offering services, does not violate the Rules of Pr…
Can a lawyer be retained by a billing or debt collection company to send demand letters to the debtors of the company's clients?
The committee was of the opinion that an arrangement in which a billing and accounts-receivable service retains the lawyer to send letters to the debtors of the service's clients violates RPC 7.3(a)'s…
Can a law school clinic engage in in-person solicitation of potential clients without violating the anti-solicitation rule?
The committee concluded that in-person solicitation for a law school affordable-housing clinic would not violate RPC 7.3 so long as the primary purpose of the solicitation stays educational, the progr…
Can a lawyer give real estate agents gift certificates as thanks for referring closings, and can the lawyer give certificates to buyers and sellers?
The committee concluded that giving real estate agents $25 restaurant gift certificates for referring closings, or giving them to a buyer or seller for designating the lawyer as closing officer, viola…
Can a lawyer run an immigration-services business that shares offices with the law practice and refers customers to the lawyer?
The committee identified a potential for assisting the unauthorized practice of law and RPC 7.3(a) solicitation concerns if the business referred clients, and said the lawyer would need separate offic…
Can a lawyer pay a community welcome program to hand new families a gift bearing the lawyer's name and address?
The committee unanimously concluded the lawyer may participate in a 'Friendship Basket' welcome program, paying a fee and donating a gift with the lawyer's name and address, as long as the program's r…
Can a lawyer send direct-mail solicitations to elderly residents of residential health care facilities?
The committee concluded such direct mail is permitted by RPC 7.3 if it is not false or misleading (RPC 7.1), does not interfere with an existing lawyer-client relationship (RPC 4.2), and does not clai…
Can a lawyer run a law practice and a separate public-adjusting business at the same time, and what must the lawyer do to keep them proper?
The committee concluded the lawyer may maintain both businesses if they are kept separate enough not to appear related, and if RPC 7.2, 5.4, 5.5, and 1.6 are observed, including making clear when an a…
Can a lawyer also run a private investigation business, and what duties carry over from the lawyer role?
A lawyer may run a separate investigation business, but must tell investigation clients he is not acting as their lawyer and that confidentiality may not apply; RPC 1.8, 7.3, and conduct rules like 8.…
Can a law firm mail seminar invitations to non-clients and follow up by phone without violating the solicitation rule?
The firm may send written seminar invitations to clients and non-clients and may make follow-up calls to non-clients, but may not telephone non-clients or seminar attendees to solicit legal business u…
If a lawyer is hired by a nonprofit to give its members basic legal advice, can the lawyer take on related matters for those members for a fee?
The committee concluded that nothing in the rules would prohibit the lawyer from undertaking such fee-paid representation of the members on related matters, provided the lawyer otherwise complied with…
Can a Washington lawyer hand out written advertisements at someone else's living trust seminar to solicit attendance at the lawyer's own workshop?
The committee concluded that nothing in the rules prevented handing out the written advertisement at a seminar, but that the proposed materials would be misleading or deceptive in many respects, inclu…
Could a Washington lawyer advertise as a 'specialist' in 1990, given the Supreme Court's Peel decision?
The committee advised that, at the time of the letter, RPC 7.4 continued to prohibit using the term 'specialist' in lawyer advertising or solicitation, while noting that the rule might be of questiona…
May a corporation that employs a staff attorney solicit lawyers for business assisting in bankruptcy and unlawful detainer proceedings, and does that risk aiding the unauthorized practice of law?
The committee was of the opinion that, presuming the letter is not otherwise misleading or deceptive, the rules do not prohibit such solicitation, but it flagged that the arrangement raises a question…
May a lawyer give business cards to a doctor friend to hand out to injured patients who may need a lawyer?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from giving business cards to a doctor who requests them to give to patients, assuming no fee or o…
Is a brochure used for direct-mail solicitation proper, and what record must a lawyer keep of the mailing?
The committee found nothing improper in the proposed direct-mail brochure but rendered no opinion on its specific content beyond requiring it to comply with RPC 7.1, and it reminded the lawyer that RP…
May a lawyer participate in a group marketing program run by an outside advertising firm?
The committee concluded that a lawyer may participate, so long as the information the marketing service provides is not misleading or deceptive and the participating lawyers are identified by name.
Can a firm that is the provider attorney for a group legal benefit plan let independent sales associates use the firm brochure to recruit plan members?
The committee was of the opinion that so long as the information in the brochure complies with RPC 7.1 (not false or misleading), nothing in the rules prohibits the proposed solicitation through an in…
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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.