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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Can a lawyer report that a prospective client's former lawyer misled the court, when the prospective client says not to?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose the prospective client's information about the former lawyer's misrepresentations unless the …
Can a lawyer pay another lawyer to review draft wills without the client's knowledge or consent?
The committee was of the opinion that RPC 1.6 requires client consent before disclosing confidences or secrets to a reviewing lawyer, and that dividing a fee with that lawyer without the client's agre…
Can a lawyer advertise and run living trust workshops when the advertisement's information is misleading?
The committee was of the opinion that the information in the proposed advertisement is misleading, so advertising and conducting such living trust workshops would be misleading and in violation of RPC…
Can a lawyer send an actor posing as a client to a psychologist's evaluation to set up impeachment of the psychologist at trial?
The committee was of the opinion that using an actor to pose as a client for an evaluation, intending to use it to impeach the psychologist's testimony, would be a fraudulent scheme and sharp practice…
Can a lawyer give a prosecutor client information to rebut a former client's claim of ineffective assistance of counsel?
The committee was of the opinion that, on the facts presented, RPC 1.6 requires the lawyer not to disclose confidences or secrets of the former client to the prosecuting attorney unless ordered to do …
Can a lawyer list past verdicts obtained in a yellow pages advertisement?
The committee was of the opinion that advertising statements about verdicts obtained, even if true, are likely to create an unjustified expectation about results the lawyer can achieve in future cases…
When does an initial consultation with a prospective client create confidences and a conflict that bars later adverse representation?
The committee was of the opinion that the attorney-client relationship exists when a reasonable client believes it does, that information from an initial interview is protected by RPC 1.6, and that un…
Is a firm disqualified before a court commissioner whose ex-wife the firm represented, and must it tell its clients about that connection?
The committee was of the opinion that the firm is not disqualified from having cases heard by the commissioner; if relevant, RPC 1.1 and 1.4(b) require disclosing the connection to the client, but the…
Must a lawyer tell the client that the adverse party is represented by the court commissioner's former lawyer?
The committee was of the opinion that if it were pertinent to the client's case, RPC 1.1 and 1.4(b) would require disclosing that the adverse party is represented by the commissioner's former lawyer; …
Can a lawyer hired by a partnership keep representing it in a dispute with one partner who is separately represented?
The committee adopted General Counsel's view that, where the lawyer holds no confidences of the contractor partner and never represented him except as a partner, there is no conflict precluding contin…
Can a Special Assistant Attorney General who represents the state also represent private clients suing the same state agency?
The committee was of the opinion that RPC 1.7(a) requires the lawyer to obtain the consent of both the state and the client if the lawyer is concurrently representing the state and representing other …
Can a lawyer who sometimes represents guardians ad litem also represent clients whose interests are adverse to a guardian ad litem?
The committee was of the opinion that whether a conflict exists depends on whether the lawyer is representing a guardian ad litem at the same time as a client adverse to that guardian ad litem, and th…
Does a lawyer have to tell a client whether the lawyer carries malpractice insurance?
The committee was of the opinion that nothing in the rules requires a lawyer to advise a client that the lawyer has malpractice insurance, but if the client asks, the lawyer must either answer honestl…
Can a law firm pay a consulting firm a capped share of its contingent fees for help on athletes' contracts?
The committee was of the opinion that, as structured, paying the consultant out of the firm's fees is fee splitting with a nonlawyer barred by RPC 5.4, though a separate fee contract between client an…
Can a former agency law clerk bring a class action against that agency over a legal violation discovered while employed there?
The committee was of the opinion that the lawyer could not represent a class action against the former government employer over a violation discovered during the employment, because doing so would vio…
Can a lawyer who represents a cooperative housing corporation buy a unit from that same corporation?
The committee was of the opinion that the lawyer could reasonably conclude she could continue to represent the corporation, with full disclosure and written consent, but could not represent the corpor…
Can a lawyer accept a referral fee from a financial services firm for sending clients there for loans?
The committee was of the opinion that a kickback of 1% of loan amounts for referring clients to a financial services firm violates RPC 1.8(f)(2) because it interferes with the lawyer's independent jud…
Can two firms share a contingent fee, telling the client the firms are jointly responsible and the split will not increase the client's fee?
The committee was of the opinion that the proposed contingent fee agreement complies with RPC 1.5(c)(2) and 1.5(e) so long as both lawyers sign it; it could not comment on the reasonableness of the to…
Can a lawyer have ex parte contact with a guardian ad litem during a pending divorce case?
The committee was of the opinion that, unless the guardian ad litem is represented by counsel or the court orders otherwise, nothing in the Rules of Professional Conduct prohibits ex parte communicati…
Can a lawyer work as an 'Advanced Underwriter' for a life insurance company while running a private law practice that exchanges referrals with it?
The committee raised several concerns: the acknowledgment form did not fully disclose conflicts under RPC 1.8, the sales involvement might impair independent judgment under RPC 1.8(f), trading insuran…
Must a lawyer prod the court to enter a long-delayed judgment when the client, who benefits from the delay, does not want the lawyer to do so?
The committee was of the opinion that the lawyer had made reasonable efforts to expedite the litigation consistent with RPC 3.2 and that no provision of the rules obligated the lawyer to do more, give…
Must criminal defense counsel disclose a client's criminal history to the prosecutor, and may counsel do so without consent?
The committee was of the opinion that RPC 4.1(a) bars a lawyer from misrepresenting to a prosecutor, but that, as Formal Opinion 188 bars disclosures to a court without client consent, a lawyer likewi…
Can a lawyer take a contingent fee to appeal a divorce when the only issue is the division of community property?
The committee was of the opinion that, on the narrow facts (the dissolution already secured and the appeal not involving a property settlement in lieu of support), RPC 1.5(d) would not prohibit handli…
Can a lawyer be 'of counsel' to more than one firm, or a partner in two firms, and use the lawyer's name in each firm name?
The committee was of the opinion that there was no ethical impropriety with any of the multi-firm relationships posed, but that the lawyers should be aware of RPC 1.7 conflicts, RPC 1.10 imputed disqu…
Can a firm that once represented a couple now represent the opposing insurer in those former clients' personal injury suit?
The committee was of the opinion that if the matters are substantially related the firm must withdraw under RPC 1.9(a), and that even if they are not substantially related the firm must still withdraw…
Can a lawyer simply forgive a client's debt for costs the lawyer advanced?
The committee was of the opinion that under RPC 1.8(e) a client remains ultimately liable for costs advanced, so a lawyer could not 'forgive' that debt, though the lawyer has no affirmative duty to co…
Must a defense lawyer tell the court that a client is violating the conditions of a pretrial release order?
The committee was of the opinion, with one dissent, that the lawyer could not disclose that a criminal defendant is violating release conditions except in compliance with RPC 1.6.
Can a lawyer disclose client confidences to the IRS during an audit of the lawyer's records?
The committee was of the opinion that a lawyer may not disclose client confidences or secrets during an IRS audit except in compliance with RPC 1.6.
Can a lawyer pay a paraprofessional employee a salary calculated from the money received in escrow closings?
The committee was of the opinion that RPC 5.4(a) prohibits paying a paraprofessional employee a salary based on money received in an escrow closing, because such payment would constitute fee splitting…
Can a lawyer promise a client's medical provider or other creditor that they will be paid out of the client's settlement, and what are the duties if a dispute arises?
The committee concluded that a lawyer may guarantee a creditor payment from settlement or judgment proceeds only with the client's consent, after explaining the matter enough for an informed decision,…
Can a lawyer in good standing employ a disbarred lawyer as a paralegal, law clerk, investigator, or in another law-office role?
The committee concluded that RPC 5.8(b) bars a lawyer from employing a disbarred lawyer in any capacity connected to the practice of law, including as a paralegal, law clerk, legal researcher, office …
Can a legal-aid office give its funder, like the Legal Services Corporation, records that identify clients and their cases for auditing?
The committee concluded that a legal service office may not disclose to a funder such as the Legal Services Corporation, or any other third party, original records or other information that would iden…
Can a law firm's agreement with a retiring partner include a non-compete clause without violating the rule against restrictions on the right to practice?
The committee was of the opinion that if the agreement is an actual retirement agreement, and not an agreement in settlement of a controversy, the non-compete provision does not violate RPC 5.6; it co…
Can a lawyer refer clients to a relative for non-legal services?
The committee was of the opinion that a lawyer may ethically recommend or refer clients to a relative for non-legal services so long as the lawyer complies with RPC 1.6(a), 1.7(b), 5.4(b), and 2.1.
Can a legal-services agency let federal auditors review files that contain client confidences without client consent?
The committee was of the opinion that Formal Opinion 183 and RPC 1.6 prohibit the office from disclosing client confidences or secrets to its federal administrators during an audit without client cons…
Can a lawyer guarantee the security on a client's bail bond, and can a lawyer who posted such security later withdraw it?
The committee declined to opine on the specific question, which it read as concerning another lawyer's conduct, because its rules require disclosing a third party's identity before an opinion can issu…
Can a lawyer a husband consulted about a criminal case later represent the wife in their divorce, when the wife sat in on that consultation?
The committee was of the opinion that the lawyer was correct to withdraw, because the husband had disclosed confidences and secrets that RPC 1.9 prohibits using against him, and the wife's presence du…
If a lawyer personally guarantees an arbitrator's fee and the client then refuses to pay, is the lawyer still on the hook?
The committee was of the opinion that if the lawyer guaranteed to pay the funds to the arbitrator, the lawyer is obligated to pay, even after the client instructed the lawyer not to.
Can a firm do criminal defense work in a district court covering a city where one of its lawyers sits on the city council?
The committee was of the opinion that this does not present a per se conflict precluding the firm from criminal defense work, but might raise a potential conflict in a particular case, to be dealt wit…
Can a professional service corporation advertise under a short firm name without showing 'Inc.' or 'P.S.'?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits using a firm name without indicating incorporation, though it could not advise on compliance with the relev…
What should a lawyer do with money left in the trust account because the bank never debited a check the client already cashed?
The committee was of the opinion that because the client received the funds he or she was entitled to and the bank lays no claim, the money in the trust account is no longer the client's property and …
Can a lawyer in a business partnership with a nonlawyer (a divorce mediation business) sign as a lawyer or put 'lawyer' on the business's cards?
The committee was of the opinion that RPC 5.4(d) prohibits a lawyer from identifying as a lawyer in any business partnership with a nonlawyer, and that such a partnership must be kept entirely indepen…
Can the law partners of a part-time court commissioner represent parties in a matter where the commissioner signed a temporary order?
The committee was of the opinion that issuing a temporary restraining order is 'substantial participation,' so under RPC 1.12(a) and (c) the partners may take the representation only after disclosure …
Can a lawyer advise a client about small claims court and how to conduct a small claims trial, even though lawyers cannot appear at trial there?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from advising a client about the existence of small claims court or about the procedure and conduc…
Can a lawyer advertise 'Save up to 1/3 on attorney's fees'?
The committee was of the opinion that an advertisement reading 'Save up to 1/3 on attorney's fees' is inherently misleading, because there is no standard 'attorney's fees' against which such savings c…
Can the lawyer for a general partnership represent the partnership in a lawsuit against one of its own partners?
The committee was of the opinion that a partnership's lawyer is not automatically the lawyer for individual partners, and that whether the lawyer may proceed against a partner turns on whether the rel…
Must a lawyer-witness disclose to opposing counsel that the lawyer is participating in the representation and sharing in the contingent fee?
The committee was of the opinion that nothing in the Rules of Professional Conduct requires a lawyer to disclose that relationship to the opposing lawyer, while flagging RPC 3.7 and 1.5(e)(2) as affec…
Must a contingent fee agreement state that the lawyer offered the client the option of paying an hourly rate?
The committee was of the opinion that nothing in the Rules of Professional Conduct imposes a duty to recite in a contingent fee agreement that the client had been offered an hourly rate.
Can a lawyer who refers insurance-related work to a firm and does work for its clients be designated 'of counsel' to that firm?
The committee was of the opinion that, on the facts presented, the use of the term 'of counsel' was probably appropriate, while flagging the fee-splitting restrictions in RPC 1.5 and the conflict requ…
Can a lawyer form an escrow and closing company that has nonlawyer shareholders and owners?
The committee was of the opinion that nothing in the rules prohibits a lawyer from establishing a separate escrow business with nonlawyer owners, provided the escrow business is entirely separate and …
Can a lawyer be named as trustee or personal representative in a will or trust the lawyer drafts for the client?
The committee addressed the question by referring the inquirer to its earlier Informal Opinion 86-1 and to the Shaughnessy cases and Estate of Larsen, 103 Wn.2d 517 (1985), cited there.
Must a criminal defense lawyer give the client information from a police report marked not to be disclosed?
The committee was of the opinion that both prosecutors and defense lawyers must review police reports before disclosure to defendants under RPC 1.1 and 1.4, and must not disclose information that may …
Can a lawyer share office space with an independent insurance claims adjuster who is not a lawyer?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from sharing office space with an independent claims adjuster.
Can a government lawyer negotiate for a job with the affiliate of a company the lawyer has been investigating?
The committee was of the opinion that if the lawyer would continue to participate in the investigation, RPC 1.11(c)(2) bars negotiating employment with the bank or its lawyers; if there would be no fu…
Can a lawyer sign a hold harmless agreement with an insurer promising to pay a client's unpaid medical bills from the client's settlement funds?
The committee was of the opinion that a lawyer may enter such an agreement if the client consents after disclosure, that the conflict rules including RPC 1.8(c) must be complied with, and that once en…
Can a lawyer apply client property already in the lawyer's possession toward unpaid fees?
The committee declined to opine, saying whether the property is something the client is entitled to receive under RPC 1.14(b)(4) is a legal question the committee cannot answer.
Can a lawyer run a hypnotherapy practice alongside a law practice?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits running a hypnotherapy practice with a law practice, while cautioning about separate fee schedules, cross-r…
Can a lawyer represent a state agency in third-party claims while also representing other clients who are adverse to that agency?
The committee was of the opinion that the lawyer could represent the agency so long as it was not directly adverse to another client under RPC 1.7(a); if interests were adverse, or if the lawyer took …
Can a former Assistant Attorney General sue a college he once advised, both on his own behalf and for other clients?
The committee was of the opinion that the lawyer could pursue his own contract claim because RPC 1.6 permits disclosing confidences as needed to establish a claim against a former client, and the othe…
Can a lawyer who once represented a public agency later appear before that agency for a private client in a related matter?
The committee was of the opinion that, on the facts presented and where the lawyer holds no confidential information beyond what came out in public hearings, there is no conflict under RPC 1.9 and 1.1…
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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.