Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
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If a client gives a lawyer stolen property, what can the lawyer reveal, and can the lawyer trade its return for the victim not prosecuting?
The committee concluded that a lawyer may not disclose the fact of a client's theft, which is a protected confidence, but if the lawyer takes possession of the stolen property the lawyer must reveal i…
Can one law firm be listed as 'of counsel' to another, including an out-of-state firm?
The committee concluded that one law firm may be 'of counsel' to another, including an out-of-state firm, with no per se bar, but the designation must not confuse or mislead the public (the out-of-sta…
Must a criminal defense lawyer reveal a client's prior conviction at sentencing if it's a public record and the court doesn't know?
The committee concluded that a lawyer may not reveal the client's prior conviction without consent, because it is a protected confidence and secret even though it is a public record, but the lawyer al…
When a client (or former client) asks for the file, what must the lawyer hand over, and can the lawyer hold it back over unpaid fees?
The opinion concluded the file belongs to the client: subject to the statutory attorney's lien, a lawyer must surrender to the client (on request) materials the client furnished and original documents…
May a Common Pleas judge teach a class at a state university and accept reimbursement for it?
The opinion concluded that a Common Pleas judge could serve as a visiting lecturer at a state university so long as the activity did not interfere with judicial duties, and could accept reimbursement …
Does a local bar's grievance committee have to tell law-enforcement about criminal conduct it uncovers while investigating an attorney?
The opinion concluded that under EC 1-4 of the former Ohio Code of Professional Responsibility, a Certified Grievance Committee had a duty to notify law-enforcement authorities of criminal conduct dis…
Did the WSBA committee revisit its opinion on employing a disbarred attorney?
No. The committee declined to reconsider Formal Opinion 171, which addressed the employment of a disbarred attorney; this archived entry records that decision rather than restating the underlying rule…
Can a lawyer hold a client's papers until the fee is paid, and does a bankruptcy discharge wipe out that lien?
The committee said whether a bankruptcy discharge extinguishes an attorney's lien is a legal question it could not answer; if the lien survives discharge, a lawyer may assert it subject to the ethical…
Does a lawyer representing a corporation against its employee's unemployment claim face a former-client conflict or a lawyer-as-witness problem?
On the limited facts, the committee could only say the lawyer representing the corporation contesting the employee's unemployment claim had to comply with RPC 1.9, and noted that if the lawyer would b…
What are a government agency lawyer's ethical duties when advising collection staff about debts that may be unenforceable or collection methods that may be unfair?
The committee adopted a memorandum concluding that the agency lawyer's duty under RPC 2.1 is to advise the client agency candidly about the facts and law, including unenforceability and offset rights,…
Can legal services provided by Rule 9 interns be advertised, and whose name must appear in the ad?
Per the opinion, ads for legal services by Rule 9 interns through a legal aid society had to comply with RPC 7.2 and name at least one lawyer responsible for the content; the staff attorney's name cou…
Can a lawyer who left a firm stay on its letterhead, or be listed as 'retired,' while practicing at a new firm?
No. The committee found it misleading to keep a departed lawyer on the old firm's letterhead or to list him as 'retired' while he practiced elsewhere; only if he was 'of counsel' to both firms could h…
Can a Washington lawyer keep a client trust account in a Canadian bank?
Per the opinion, only if the Canadian bank meets the description in RPC 1.14(c); if it does there is no difficulty, but otherwise the lawyer must comply with the rule as written.
Can a lawyer sue the State when another lawyer in the same office previously served on a state commission dealing with a related subject?
Per the opinion, yes; the committee found no conflict or breach of confidences, and no RPC 1.11 violation, because of the narrow definition of 'matter' in RPC 1.11(d).
Can a lawyer negotiate an employment contract to become a corporation's full-time legal counsel and take part of the pay in company stock?
Per the opinion, negotiating such an employment contract, with stock as part of the compensation, did not violate RPC 1.8 because it appeared to be an arm's length transaction and the lawyer was not g…
Can a lawyer take a deed of trust and promissory note from a client to secure fees for future legal work?
Per the opinion, the lawyer could take the security if the assignment conveyed only a security interest, not a proprietary interest, so it did not conflict with RPC 1.8(j); but the lawyer then had to …
Will the WSBA ethics committee resolve a conflict-of-interest question when the inquiry sets out only limited facts?
No. Because the inquiry set out only limited facts, the committee declined to say more than that the lawyer had to comply with RPC 1.7.
Can a lawyer represent the law firm in a lawsuit against a former client when firm lawyers would be witnesses?
The committee concluded that a lawyer could not represent the firm in litigation with a former client because the firm witnesses' testimony would not relate to the nature and value of legal services i…
Can a lawyer represent a fellow lawyer in the same firm in that firm member's own lawsuit?
The committee concluded that RPC 3.7 would prohibit one lawyer in a firm from representing another lawyer in the same firm in litigation, in a case where the associate sued for specific performance of…
Does a lawyer have to tell the client about credits toward a free trip from the court reporter service the firm uses?
The committee concluded that a promotional scheme in which a court reporter service gave the firm credits toward a free trip would have to be disclosed to the client in conformance with RPC 1.7(b).
Can a lawyer bill a client for a contract lawyer's time at a higher rate than the contract lawyer is paid?
The committee concluded that an arrangement in which a lawyer employed a contract lawyer hourly, paid the contract lawyer before billing the client, and charged the client more than the contract lawye…
Can a lawyer send a letter advertising legal services to the mayor of a city?
The committee concluded that a proposed letter advertising legal services to the mayor was not a prohibited solicitation under RPC 7.3, while noting it was the lawyer's responsibility to ensure any su…
Can a lawyer assert an attorney's lien for old fees against funds received for the same client in a new case?
The committee concluded that an attorney's lien for fees due in prior litigation could be asserted against funds received on behalf of the same client in new litigation, and that the lawyer had to com…
Can a law firm disclose client names to a bank when pledging its accounts receivable for financing?
The committee concluded that before disclosing client names and account status to a bank to pledge accounts receivable, RPC 1.6 required the lawyer to determine the information was not a secret, to in…
Can a lawyer send a judge a letter criticizing a decision in a case the lawyer had no part in?
The committee concluded that a lawyer's letter criticizing a judge's decision, in litigation the lawyer was not involved in, would not be a prohibited ex parte communication because there was no pendi…
Can a lawyer hire a court reporting service that is also one of the lawyer's clients, and must the lawyer disclose that?
The committee concluded that nothing in the Rules prohibits a lawyer from using a court reporting service that is also a client of the lawyer, and that the lawyer would have no obligation to disclose …
Can a lawyer post a sign showing that he is a consul next to his law firm sign?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a lawyer from posting a sign indicating that he was a consul next to or below his law firm sign.
Must a lawyer who serves as trustee, guardian, or executor hold those funds in a trust account under RPC 1.14?
The committee concluded that whether RPC 1.14 governs funds a lawyer receives as a fiduciary depends on whether they are client funds in the lawyer's possession; if so, they must go into the account R…
When a lawyer practices in more than one state, whose trust-account rules apply to client funds?
The committee concluded that the Rules do not address conflicts between states' trust-account rules, but that funds acquired through practice under a Washington license must follow the Washington rule…
What can a lawyer do with trust funds for multiple clients who cannot be reached for distribution instructions?
The committee concluded that a lawyer holding trust funds for a group of unreachable clients could issue a single trust-account check payable to all of them, send it to one party while advising all of…
Does a lawyer representing a parent in a tort case have to protect the children's loss-of-consortium claims?
The committee concluded that a lawyer for a parent need not contact adult children about their loss-of-consortium rights, but must have a guardian ad litem appointed to protect minor children's intere…
Can a lawyer charge a collection agency a contingent fee measured as a percentage of what the agency itself recovers?
The committee concluded that the proposed contingent fee agreement, giving the lawyer 50% of whatever the collection-agency client received, is not precluded by RPC 1.5 so long as the rule's other req…
When a lawyer moves to a firm that opposes clients of the lawyer's old firm, is the new firm disqualified?
The committee concluded that, so long as the moving lawyer has no actual knowledge of the adverse parties' confidences or secrets and is not involved in the case, RPC 1.10 would not disqualify the new…
If a lawyer is a staff attorney for a mortgage company handling closings, what must the lawyer tell the buyer and seller about who the lawyer represents?
The committee concluded that a staff attorney handling closings for a mortgage company must disclose to the parties that the lawyer represents the company, not the buyer or seller, and that the partie…
What may a prosecutor tell witnesses about being interviewed by defense counsel, and can the prosecutor insist on being present?
A prosecutor may not discourage witnesses from talking to the defense or condition a defense interview on the prosecutor's presence; doing so obstructs witness access in violation of RPC 3.4. The pros…
Can a lawyer appear before a Court Commissioner who used to work at the lawyer's firm?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from appearing before a Court Commissioner formerly associated with the lawyer's office, and suggested the …
Can a law firm distribute a brochure about its services to insurance companies, real estate agencies, banks, and other potential referral sources?
Yes. The committee concluded that a proposed brochure about the firm, distributed to insurance companies, real estate agencies, banks, and others who might generally find the firm's services useful, i…
What ethics rules apply to a lawyer who represents both buyers and sellers, also works as a real estate broker, and sometimes becomes a partner with the purchaser?
The committee found the lawyer's fee agreement inadequate under RPC 1.5(b) for not stating the basis or rate of the fee, and found the client communications lacked the conflict disclosures RPC 1.7 req…
Does serving as a state-paid guardian ad litem in paternity cases conflict with privately representing parents in other, unrelated paternity cases?
No. The committee concluded that being appointed and paid by the state as a guardian ad litem in paternity cases does not present a conflict of interest with privately representing a mother or father …
Can a Washington firm list an out-of-state lawyer as an 'associated office' on its letterhead?
Yes. The committee concluded that under RPC 7.5 a Washington firm could list an Oregon lawyer as 'associated offices' so long as the Oregon address was shown to mark the practice limitation, and the f…
Can a lawyer hire a legal secretary who came from an opposing firm and knows the confidences of clients adverse to the lawyer's own clients?
No. The committee concluded that under RPC 5.3 it would be improper to employ a secretary who has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clie…
If a client threatens to commit suicide, can the lawyer call emergency services and share information to protect the client?
The committee concluded that a lawyer who reasonably believes a client may carry out a suicide threat may take protective action under RPC 1.13, treating the client as temporarily under a disability, …
Who is entitled to the interest earned on a lawyer's trust account before Washington adopted its IOLTA rule?
The committee concluded that interest earned on the trust account before the IOLTA rule was adopted must be allocated and paid to the clients whose funds earned it; if a client has disappeared, the fu…
Can a law firm keep using a partner's name on its letterhead after that partner withdraws and opens a solo practice?
No. The committee concluded that continuing to use letterhead bearing the withdrawn lawyer's name and the firm's partnership designation, after the lawyer had withdrawn and set up a solo practice, wou…
If a court's sentencing order mistakenly gives a client less jail time than the judge announced, must the defense lawyer point out the error?
No. Assuming the lawyer had no part in preparing the order, the committee concluded RPC 1.6 obligated the lawyer to remain silent about the apparent error because it constituted a secret of the client…
Can a law firm include an associate who is not a partner in the firm name?
No. The committee concluded that a firm name listing an associate alongside the partners (A, B, P.S., & C) would violate RPC 7.5(d) because it would imply a partnership that did not exist and that the…
Can a Washington law firm represent clients under written agreements that permit limited discovery and limit the firm's malpractice liability?
The committee was unanimous that neither RPC 1.2 nor RPC 1.8 would prohibit such written agreements, provided those rules were fully and cautiously complied with.
If a Washington lawyer must testify as a witness at trial, can the lawyer keep working on the client's matter and bill for that work?
The committee concluded that a lawyer who must testify at trial is not barred from continuing to represent the client in matters separate from the trial, from doing legal research and preparing papers…
Can a city attorney serve on the board of a civic organization that is suing the city, without violating the conflict rules?
The committee concluded that, by analogy to RPC 6.3, a city attorney could serve on the board of a civic body adverse to the city in litigation if the attorney was isolated from any access to the case…
Can a Washington lawyer contact an opposing party who is represented by counsel to send a payment reminder or to ask for a mailing address?
No. The committee concluded that both contacts, a reminder notice sent directly to the represented party (even with a copy to counsel) and a call to obtain a mailing address, would violate RPC 4.2's b…
Can a law firm let a non-lawyer use the firm's mailing address and have firm staff answer a separate phone line listed in the non-lawyer's name?
The opinion held there was no impropriety in the arrangement because the non-lawyer would not be engaged in the unauthorized practice of law, so the firm's clerical accommodation (forwarding mail addr…
Can a Tennessee lawyer participate in a prepaid or group legal service plan?
The opinion held there is no impropriety in participating in open-panel prepaid legal service plans that let the consumer choose any attorney and that meet the ABA's interim standards adopted into thi…
Can a lawyer's client hire a non-testifying medical consulting firm on a contingent fee to help prepare the medical side of a malpractice case?
The opinion held there was no impropriety in the attorney continuing in the case where the client, not the lawyer, contracted separately and independently with the medical consulting firm on a conting…
Can a lawyer defend criminal cases prosecuted by a District Attorney who is the lawyer's brother- or sister-in-law?
The opinion concluded that a lawyer may defend cases prosecuted by an in-law District Attorney's office whether or not the DA participates, but must disclose the relationship to every prospective clie…
Can a law firm give a client blank firm letterhead signed by an attorney for the client to use in its own debt collection?
The opinion concluded no; furnishing a client blank or unaddressed letters signed by a firm lawyer for unsupervised use in debt collection assists the unauthorized practice of law, because lay persons…
Can a lawyer advise a client, prepare the pleadings, and file documents while presenting the client as pro se, but refuse to appear in court for them?
The opinion concluded no; advising and ghostwriting for a client cast as pro se to avoid the lawyer's own court appearances, while the lawyer remains of record, falls short of the duties owed to the c…
Can a lawyer send a contractually required notice directly to the opposing party in a real estate deal when that party may be represented by a lawyer?
The opinion concluded yes; the lawyer may send the seller the notice the contract requires directly, because the contract authorizes it, but may not go beyond that notice if the seller is in fact repr…
Can a New York lawyer in a malpractice case recommend a medicolegal consulting service paid on a contingent fee and guarantee that fee?
The opinion concluded that it is improper for a lawyer to shift work normally performed by lawyers to a medicolegal consulting service paid on an added contingent fee, but a lawyer may recommend and g…
Must a lawyer who holds public office disclose client names under financial-disclosure laws, and is a client's identity privileged?
The opinion concluded a lawyer who holds or seeks public office may disclose client identities required by disclosure law without client consent, unless disclosure is likely to embarrass or harm the c…
Does a lawyer who serves as a child's guardian ad litem owe the normal duty of confidentiality, or may the lawyer disclose what the child says in confidence to the court?
The opinion concluded that a lawyer serving as a child's guardian ad litem is not bound by the normal duty of confidentiality, but must act in the child's best interest and the purpose of the appointm…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.