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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Who owns court-awarded attorney fees when the lawyer is employed by a nonprofit, and can they be deposited into the nonprofit's general account?
The committee was of the opinion that attorney fee awards belong to the client, not the attorney, unless the attorney and the client mutually agree otherwise.
Can a law firm represent a witness at a deposition while another lawyer in the firm represents a party in the same lawsuit?
The committee was of the opinion that there is no conflict as long as the witness's deposition testimony is not harmful or detrimental to the firm's other client; once it becomes reasonably likely the…
Can a law firm arrange with a charity to represent church members making donations, where the charity pays for the donor's document review and the firm also represents the charity?
The committee was of the opinion that the proposed arrangement was impermissible on three grounds: it would be an RPC 1.7(b) conflict if the firm also represents the charity on general matters, becaus…
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…
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…
What must a law firm do when it learns a former partner overcharged clients for expenses and may have had access to client trust accounts?
The committee was of the opinion that the firm must disclose the former shareholder's conduct and the potential conflict to every client the shareholder could have stolen from, conduct an independent …
Can a lawyer's fee agreement say the files belong to the firm, bar the client from settling without the firm's approval, and let the firm withdraw at its discretion?
The committee was of the opinion that the revised legal services agreement violated the Rules of Professional Conduct throughout, specifically faulting the provisions that the files belong to the firm…
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 Washington lawyer practice as a shareholder and employee of an out-of-state professional corporation operating a branch office in Washington?
The committee was unanimously of the opinion that nothing in the Rules of Professional Conduct prohibits a Washington lawyer from rendering legal services as a shareholder and employee of an Oregon co…
When a law firm subleases office space to another firm, are the two firms treated as one for conflict-of-interest purposes?
The committee concluded that there is no conflict of interest between the firms' clients so long as the firms stay separate, including separate staff, files, and computer network; but if they operate …
Can a lawyer who represents inventors take a royalty interest or a share of profits as a fee, and what conflicts arise if the lawyer also represents the manufacturers the inventors deal with?
The committee concluded that taking a royalty or profit share as a fee is a business transaction with the client governed by RPC 1.8, that the lawyer's own interests may conflict with the client's und…
May a lawyer or the lawyer's firm appear before a quasi-judicial administrative panel when a current client of the firm sits on that panel?
The committee concluded that if appearing before the panel, or appealing by writ of certiorari naming the panel members as defendants, would violate the appearance of fairness doctrine or other law, i…
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 …
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…
Can a lawyer refer to a co-owner of a professional service corporation as 'my partner' even though they are technically co-shareholders?
The committee concluded that RPC 7.5(d) treats partners and corporate shareholders the same, so there is no violation in a lawyer referring to a co-shareholder as 'my partner.'
Can a lawyer advance a client's litigation costs to pay for a medical examination or for medical treatment?
The committee agreed RPC 1.8(e) is the governing rule, and noted that advancing costs for an examination would be permitted while advancing costs for treatment would be prohibited, but said it could n…
Can a lawyer dun delinquent clients under fictitious agency names, and can a lawyer use 'mediation' to jointly handle both spouses in a divorce?
The committee concluded that collecting fees under fictitious names such as 'Legal Audit Services' or 'Bureau of Legal Economics' would violate RPC 7.1(a) and/or RPC 8.4(c), and that, on the facts, la…
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…
May a lawyer disclose that a bankruptcy client failed to list life-insurance proceeds, or is the lawyer bound by confidentiality?
The committee concluded the answer turns on whether the nondisclosure is a crime and, if so, whether it is completed or continuing: a completed (past) crime may not be disclosed without consent under …
When may a lawyer advance funds to a client or make a gift to a client, and may a lawyer argue that a witness is not credible?
As summarized, the committee concluded a lawyer may advance funds to a client when no litigation is pending or contemplated, may make a gift to a client during litigation, and may argue that a witness…
Can a lawyer run a law firm and a public accounting (CPA) business at the same time and serve the same client through both?
The committee concluded the RPCs do not prohibit jointly operating a law firm and a CPA business, but said that when providing both services to the same client it is unlikely the lawyer could identify…
If a lawyer is mistakenly given an opinion letter that opposing counsel wrote to his own client, can the lawyer disclose it?
The committee was of the opinion that if disclosing the inadvertently received opinion letter would be beneficial to the lawyer's own client, the lawyer may disclose it. The WSBA has since marked this…
Can a lawyer who bought an escrow company bring deed-of-trust foreclosures for that company's clients, and is a release-of-conflict form enough to cure the conflict?
On the specific facts, the committee said it might hypothetically be possible to handle one foreclosure where the escrow company merely collects payments without violating the conflict rules, but the …
Is there a conflict of interest when the same prosecutor both prosecutes criminal charges and brings a related civil forfeiture proceeding?
The committee concluded there is no conflict of interest in the same lawyer bringing both the criminal prosecution and the civil forfeiture proceeding.
Can a lawyer take on an insurance company as a client while representing a current client who, as a bail bondsman, failed to pay funds owed to that insurer?
The committee concluded there is a substantial probability that representing the insurance company would be materially adverse to the current client who owed it money as a bail bondsman, and would vio…
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…
Can a lawyer take a contingent fee representing a client who was assigned a lawsuit on a contingent fee basis, and can the lawyer share the fee with the assignee?
The committee concluded the lawyer could accept the contingent fee, but could not share the fee with the assignee; it did not address other legal questions such as the assignability of the claim or su…
Can a lawyer's office sign list 'Notary Public' or an area of practice such as immigration?
The committee concluded there is no prohibition against listing Notary Public or a general practice area such as immigration on an office sign, so long as it does not misrepresent the lawyer's experie…
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 law firm run an advertisement seeking a joint-venture partner to bid together on public-sector legal-services contracts?
The committee concluded nothing in the RPCs would prohibit the firm's advertisement seeking a joint-venture partner, but said it did not have enough facts about the joint ventures themselves to commen…
Can one lawyer serve as both guardian ad litem and guardian of the estate for the same ward, and must the lawyer keep serving if the inconsistency surfaces?
The committee concluded that while serving as both guardian ad litem and guardian at the same time may be inconsistent, RPC 1.15(c) obligates the lawyer to continue in those positions if ordered to do…
Can a full-time state-college faculty member represent private clients bringing civil claims against other state colleges or universities?
The committee concluded the faculty-member lawyer could undertake such representation only if able to comply with RPC 1.7(b), and pointed to ABA Informal Ethics Opinion 84-1508 as addressing the issue…
Can in-house counsel use letterhead that does not include the name of the employer?
The committee concluded it made no difference what letterhead in-house counsel used, so long as the lawyer did not mislead recipients of the letters about whom the lawyer was representing.
Can a staff attorney share client confidences with the nonlawyer executive director of the agency that employs her?
The committee concluded that, unless the client consented, a staff attorney's sharing of confidences or secrets with the nonlawyer executive director of her employing agency would violate RPC 1.6, and…
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 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…
After a lawyer has withdrawn from a case, can the lawyer sign a proposed court order on the former client's behalf at the judge's request?
The committee unanimously concluded that because the lawyer had withdrawn as the father's counsel, the lawyer had no authority to sign the proposed order.
If a lawyer finds opposing counsel's left-behind notes showing a violation of a court discovery order, must the lawyer tell the court?
The committee unanimously concluded the lawyer should first make sure that disclosing the note pad information would not prejudice the lawyer's own client in violation of RPC 1.6, and assuming no such…
Can a lawyer sell a law practice including its goodwill, and are restrictive covenants allowed as part of the sale?
The committee unanimously concluded there is no per se prohibition on selling a law practice including goodwill, provided the seller protects client confidences, informs clients of the sale and of the…
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…
When lawyers in different firms divide a fee, what does 'joint responsibility' require, and can one lawyer pay another a referral fee?
The committee concluded that 'joint responsibility' under RPC 1.5(e)(2) means legal liability for seeing that the client's work is competently performed, and that RPC 7.2(c) prohibits referral fees.
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 …
Does the lawyer-as-witness rule bar a prosecutor's office from trying a case in which another lawyer from that same office will be a necessary witness?
The committee concluded RPC 3.7's bar on a lawyer acting as advocate where another lawyer in the same firm is a necessary witness does not apply to a prosecuting attorney's office, because that office…
Must a lawyer admitted in both California and Washington add Washington's specialty disclaimer when listed as a certified specialist in a California directory or on a California business card?
The committee concluded a dual-admitted lawyer's listing as a certified specialist in a California directory does not require the RPC 7.4(b) disclosure, and a business card showing only the California…
Is it an unethical referral fee for a lawyer to include a donation to an advocacy organization in the price of a legal-information product the lawyer sells?
The committee concluded that including a $5 donation to an advocacy organization in the sale price of a lawyer-prepared child-support videotape is not an unethical referral fee, because what the buyer…
Can a contingent fee agreement pay the greater of a percentage or a flat fee, and can it bar the client from settling unless the settlement covers attorney's fees?
The committee concluded a greater-of percentage-or-flat-fee contingent provision is permissible, but a clause barring the client from settling unless the settlement included a reasonable fee might be …
Can a lawyer advise and litigate for a corporation that buys personal injury claims and bills the lawyer hourly while the corporation controls settlement?
The committee unanimously concluded the proposed arrangement, in which a corporation took assignments of injury claims and the lawyer represented the corporation as assignee while it controlled settle…
Can an out-of-state lawyer form a Washington partnership, and must the firm letterhead show that the lawyer is not admitted in Washington?
The committee said the partnership itself would not necessarily violate the rules, but the lawyer's letterhead violated RPC 7.5(d) because it did not indicate the jurisdictional limitation preventing …
Can a lawyer create falsified judgment and sentence orders to help imprisoned sex offenders?
The committee unanimously concluded that creating a falsified judgment and sentence document, however well-intentioned, violates RPC 4.1's prohibition on false statements of material fact to a third p…
Can a lawyer withdraw from prosecuting a client's appeal when the lawyer believes the appeal is imprudent, and can a fee contract bar the client from settling?
The committee concluded a lawyer may withdraw from an appeal under RPC 1.15(b)(3) if the lawyer honestly and reasonably believes prosecuting it is imprudent, but a contract clause requiring counsel's …
Can a lawyer pay part of a consultation fee back to a nonprofit lawyer referral service that sent the client?
The committee concluded the proposed fee split with a not-for-profit lawyer referral service is allowed under the rules so long as the service becomes 'duly authorized' as RPC 1.5(e) requires.
Can a separate prepaid legal services company promote its plan to employers and list panel attorneys without violating the lawyer advertising rules?
The committee concluded the prepaid plan is a legal-fee insurance plan, not the practice of law, so its promotion, employer contacts, trade name, and panel lists do not violate RPC 7.1 through 7.5, an…
What rules apply when a lawyer also practices another profession, such as accounting, with the same clients?
The committee concluded a lawyer serving in a dual capacity, as a lawyer and in another discipline such as CPA, must comply with RPC 1.8 and Formal Opinion 187.
Can an estate's lawyer disclose that the deceased client appears to have hidden assets to obtain free hospital care?
The information is not the deceased client's confidence because the lawyer learned it after death; it is the personal representative's confidence, and RPC 1.6(c) permits disclosing a court-appointed f…
Can a lawyer advertise on an adoption agency's pamphlet and describe himself as an 'adoption attorney'?
The lawyer may place his name on the pamphlet if he pays only the reasonable advertising cost (RPC 7.2(c)), but 'adoption attorney' violates RPC 7.4 by implying he is a specialist unless used with an …
Can a lawyer run an ad headed 'public notice' that is brief on the details?
The committee concluded the advertisement violated RPC 7.1 because the 'public notice' caption implied an official or governmental notice, and its brevity omitted facts needed to keep it from being ma…
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…
After leaving government, can a lawyer use public information about an expert witness that the lawyer learned on the government job?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from using public information about an expert witness that the lawyer learned while employed by a governmen…
If a lawyer learns a client made false statements to a court, may the lawyer disclose them?
The committee concluded RPC 1.6 prohibits the lawyer from disclosing the client's false statements, but the lawyer may disclose what is necessary for self-defense if later accused of fraudulent conduc…
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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.