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 apply for a Social Security fee and share it with a paralegal who is authorized to represent SSA claimants?
The committee was of the opinion that sharing the fee with the paralegal would be prohibited by RPC 5.4(a), and the paralegal's pay could not be contingent on the outcome, though paying the…
Can a Washington lawyer charge a nonrefundable retainer?
The committee was of the opinion that nonrefundable retainers are not per se unethical, but like any legal fee they must comply with RPC 1.5.
Can an insurance company's in-house counsel offer to pay outside lawyers an hour of fees to explain the company's product to those lawyers' own clients?
The committee was of the opinion that in-house counsel may not offer the program, because it presents a substantial likelihood of inducing lawyers to violate RPC 1.8(f) and 5.4(c), which would in…
Does a lawyer have to follow the client's decision on which proposed jury instructions to submit, even when counsel disagrees?
The committee was of the opinion that the lawyer must consult with and advise the client, but RPC 1.2(a) requires the lawyer to abide by the client's decision on the objectives of representation,…
Can two law firms describe themselves on their letterhead as 'affiliated with' each other?
The committee was of the opinion that such letterhead must comply with RPC 7.5(d), and it was not clear to the committee that the proposed 'affiliated with' letterhead would do so.
Can a lawyer associated with a firm be described as a 'consultant' on the firm's business cards?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit using the term 'consultant' on a business card to describe a Washington lawyer associated with the firm.
Can a lawyer serve as a part-time court commissioner or judge in courts where other lawyers in the firm appear?
The committee was of the opinion that the lawyer could not hear any case in which firm members were involved and could not later appear in Superior Court on a case the lawyer had previously heard in…
Can a firm take court-appointed criminal defense cases when it also represents the county sheriff and one of its lawyers is married to a town prosecutor?
The committee was of the opinion that the arrangement complies with RPC 1.7 and is permissible where the firm discloses conflicts in open court, obtains client consent, and the court does not…
Can a lawyer let a property management company prepare eviction pleadings on lawyer-approved forms if the lawyer reviews and signs everything before filing?
The committee was of the opinion that because the lawyer exercises independent professional judgment before any pleading is served or filed, the arrangement does not violate the Rules of…
Does a lawyer who runs a separate licensed escrow business have to follow the lawyer trust-account rule, or just the escrow-agent statute?
The committee was of the opinion that a lawyer licensed as an escrow business agent under RCW 18.44, who keeps the escrow business entirely separate from the law practice and does not hold out as a…
When a civil defendant's truthful answer could expose the client to criminal prosecution, how can the lawyer file a CR 11-compliant answer?
The committee was of the opinion that RPC 8.4 bars filing an answer that contains an untruth, but the lawyer may assert the client's Fifth Amendment privilege; nothing in the rules prohibits filing…
What are a public defender's and the office supervisor's duties when caseloads grow too large to provide effective representation?
The committee was of the opinion that RPC 1.1, 1.3, and 6.2 require a lawyer not to accept case assignments that exceed the lawyer's ability to provide effective representation, and that under RPC…
Can a lawyer join an arrangement where a paralegal company and financial planner refer clients, prepare documents, and split the fee under the lawyer's 'supervision'?
The committee was of the opinion that the proposed arrangement would violate several rules: sharing legal fees with nonlawyers (RPC 5.4, and RPC 5.4(b) if a partnership), paying for referrals (RPC…
Must a lawyer report a client's identity to the Treasury Department on IRS Form 8300 for cash payments over $10,000?
The committee was of the opinion that a client's identity is a 'secret' under the rules, so a lawyer may not disclose it to the Treasury Department on IRS Form 8300 except in compliance with RPC 1.6.
May a part-time court commissioner who hears juvenile or family cases in Superior Court also practice in other areas before that same court?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a part-time commissioner from also practicing before the same court in other areas, provided the lawyer…
Can a lawyer who is paid a monthly retainer by a collection agency remit half of the court-awarded attorney fees back to the agency?
The committee was of the opinion that remitting half of the court-awarded attorney fees to the collection-agency client would be improper fee sharing prohibited by RPC 5.4, and it was also concerned…
A client hands the lawyer documents the client obtained by violating a restraining order; can the lawyer use them, must they be returned, and what about discovery?
The committee was of the opinion that the lawyer may not disclose how the documents were obtained without the client's consent under RPC 1.6; that RPC 3.4(a) requires advising the client the…
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…
Does the business-transaction-with-a-client rule, RPC 1.8(a), govern negotiating a new fee agreement with an existing client for a different matter?
The committee was unanimously of the opinion that RPC 1.8(a) does not apply to attorney-client fee agreements.
Can a lawyer give the executrix-client a share of the legal fee instead of her taking an executrix fee, to hide her compensation from another heir?
The committee was of the opinion that the arrangement is prohibited on multiple grounds: its purpose to deceive the client's brother violates RPC 1.2(d), it amounts to prohibited financial…
May a lawyer advertise legal services on public buses?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit advertising legal services on public buses.
If a witness hired by a party makes ex parte contact with the opposing side's treating physician, does that violate the rules, and does Loudon v. Mhyre reach the agency?
The committee declined the legal question of whether Loudon v. Mhyre applies to the Department of Labor & Industries. It was of the opinion that if the witness who made ex parte contact with the…
A lawyer learns a former client used a possibly fraudulent document to settle with an insurer and won't correct it; what are the lawyer's duties?
The committee was of the opinion that the lawyer acted properly under RPC 3.3(d) in urging the client to authorize disclosure, that RPC 1.6 then prevents any further disclosure given the client's…
Does the trust-account rule need a new provision telling lawyers how to disburse funds when more than one person claims them?
The committee was of the opinion that no amendment is required: the existing rule, which directs paying the client the funds the client 'is entitled to receive,' resolves the issue, and the question…
If a Special Proceedings Rule requires a guardian ad litem in a minor's settlement, must a lawyer comply with it as a matter of professional conduct?
The committee was of the opinion that, if SPR 98.16W applies to the facts of a minor settlement, RPC 8.4(d) would require the lawyer to comply with that Special Proceedings Rule.
If a lawyer serves as a part-time municipal judge, may the lawyer and the firm represent clients adverse to the municipality in matters outside the municipal court's jurisdiction?
The committee was of the opinion that RPC 1.11 and 1.12 are the applicable rules and that, on the facts presented, nothing in those rules prohibits the lawyer or the firm from representing clients…
After distributing an estate to two heirs, a lawyer learns of a third undisclosed heir; what must the lawyer do if the heir-clients will not correct it?
The committee was of the opinion that RPC 4.1(b) requires the lawyer to call on the heir-clients to correct the apparent fraud on the omitted heir; if they refuse to correct it or to authorize…
If a law firm finds an overbalance in its trust account that may be unwithdrawn earned fees, can it simply take the money, and who pays to prove the fees were earned?
The committee was of the opinion that before taking trust-account funds as earned fees, the firm bears the burden of demonstrating its right to claim ownership, and that any auditing or accounting…
Can a legal-services office let its funding agency examine original financial records that identify clients and the work done for them?
The opinion concluded that the client-identifying records the Legal Services Corporation sought are secrets under RPC 1.6 because their disclosure would be embarrassing or detrimental to the…
May a law firm report a client's delinquent account to a credit reporting bureau?
The committee was of the opinion that a delinquent client account is a confidence or secret that cannot be reported to a credit bureau except in compliance with RPC 1.6(a); doing so would also…
If a lawyer skips an adversarial child-support hearing without telling the client, is that a rules violation, and does a claims officer who is also a lawyer breach the no-contact rule by dealing with the party?
The committee was of the opinion that a lawyer who, without advising the client, fails to attend the hearing violates RPC 1.4(a)'s duty to keep the client reasonably informed, but that on the facts…
When insurance-defense counsel learns from the insured a fact suggesting the insured may not be covered, may the lawyer disclose it to the insurer that hired the lawyer?
The committee concluded that the information the client gave the lawyer is a secret under RPC 1.6, so the lawyer could not disclose it to the insurer and should continue to represent the client.
When a public defender is appointed for a jailed client who is released after 72 hours with no charges filed, when does the representation end?
The committee was of the opinion that the attorney-client relationship begins on appointment and continues, with the lawyer bound by all the Rules of Professional Conduct, until the lawyer has…
After serving as a child's guardian ad litem to review a settlement's adequacy, may the lawyer then represent the child's parents?
The committee was of the opinion that representing the parents after serving as the child's guardian ad litem would create a conflict of interest prohibited by RPC 1.7(b)(2), and that the GAL's only…
Can a lawyer release a deceased client's trust funds to the client's mother?
The committee was of the opinion that this is a legal rather than an ethical question; all it could say is that the lawyer may deliver the money to the mother if the lawyer is satisfied that she is…
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…
If a judge informally asks a public defender whether particular clients have been meeting with the lawyer, may the lawyer answer?
The committee was of the opinion that whether the lawyer's clients have been meeting with the lawyer is a client confidence or secret that RPC 1.6 bars disclosing without the client's consent or a…
May a lawyer charge a contingent fee to defend a client against a non-criminal traffic infraction?
The committee unanimously agreed that a contingent fee could be charged to defend a non-criminal traffic infraction, because such proceedings are not criminal cases and so fall outside the rule's…
When a represented adverse party contacts a lawyer directly and says they want to talk without their own counsel, may the lawyer communicate with them?
The committee was of the opinion that the lawyer first has to resolve whether the adverse party is still represented; before any direct contact the lawyer should confirm the other counsel has…
Does the lawyer-as-witness rule apply to private labor arbitration and unfair-labor-practice hearings, and does it bind an advocate who is not a Washington bar member?
The committee was unanimously of the opinion that the term 'trial' in RPC 3.7 applies to private arbitration hearings under collective bargaining agreements and unfair-labor-practice hearings; but…
Must a lawyer give a client copies of sealed-file documents the client requests, when a statute allows their release only by court order?
The committee was of the opinion that if the pertinent statute prohibits disclosure of the documents, the client would not be entitled to them; it could not give a legal opinion on the statute, but…
May lawyers who share office space and a common phone line answer the telephone as 'law offices'?
The committee was of the opinion that answering the telephone with the term 'law offices' is not misleading, and that neither Formal Opinion 178 nor RPC 7.5(d) would prohibit such conduct.
May a prosecutor, or any lawyer, engage in casual conversation with prospective jurors?
After considerable discussion, the committee was of the opinion that such casual conversation would be prohibited by RPC 3.5, because it might lead to influencing a prospective juror, and by RPC…
When a court orders a public defender to keep representing a defendant despite a possible conflict, must the lawyer continue?
The committee was of the opinion that RPC 1.15(c) requires the lawyer to continue representing the defendant pursuant to the judge's order, but because the matter is currently in litigation the…
May a firm negotiate a merger with another firm when it formerly represented clients adverse to the other firm's clients in ongoing litigation?
The committee was of the opinion that the firm could enter into merger negotiations provided no confidences or secrets of its former client were disclosed, but that RPC 1.9(a) would prohibit a…
Must a lawyer disclose a client's earlier failure to reveal a trust account in a bankruptcy, and does it depend on whether the lawyer still represents the client?
The committee was of the opinion that if the firm remains attorney of record in the bankruptcy it must disclose the earlier failure to disclose the trust account; if it no longer represents the…
May a law firm join a referral arrangement where a corporation collects monthly fees from members and refers them to the firm for a free half-hour and a 10% discount?
The committee, with one dissent, was of the opinion that the proposal would violate RPC 7.2(c) because the lawyer being part of the package the corporation sold constituted something of value given…
May a lawyer also work as a mortgage broker from the same office, and solicit that brokerage business from current and former clients?
The committee was of the opinion that the lawyer must disclose to the parties that the lawyer is not acting as their attorney; may run both the law practice and the brokerage from one office but…
Must a new lawyer disclose a client's past fraud (assisted by a prior lawyer) that the new lawyer has already helped cure?
The committee concluded that, to the extent some fraud was committed, that fraud had now been 'cured,' and was of the opinion that unless the client consents to disclosure, RPC 4.1 and RPC 1.6…
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…
May a lawyer accept a pro bono client referred by an Indian legal services organization litigating against a current firm client?
The committee was of the opinion that under RPC 1.7(b) the lawyer should weigh the duty of loyalty to existing clients and the RPC 1.6 bar on revealing a current or former client's confidences; the…
Must a lawyer disclose that a court-appointed client is no longer financially eligible for appointed counsel, or obtained the appointment by fraud?
Assuming there are clear, communicated financial-eligibility standards, the committee was of the opinion that RPC 4.1(b) requires the lawyer to disclose the information, because failing to do so…
A lawyer holds settlement funds in trust to pay a doctor the lawyer now believes defrauded the insurer. May or must the lawyer disclose, and how should the funds be disbursed?
The committee was of the opinion that the lawyer must first discuss the matter with the client to determine whether fraud occurred; if nondisclosure would assist a criminal or fraudulent act, RPC…
If a lawyer receives a settlement check for more than the agreed amount, what must the lawyer do?
The committee was of the opinion that the lawyer must clarify with the adjuster whether the case was settled for the agreed amount or the larger amount; if the larger payment was made in error, the…
After jointly representing a mother and daughter who are now suing each other over their corporation, may the lawyer disclose what was learned, when one of them objects?
On the facts, the committee was of the opinion that the lawyer could not disclose the information without a court order, as required by RPC 1.6, because the mother objected to disclosure based on…
Must a lawyer release stored documents to a former client who requests them?
The committee was of the opinion that RPC 1.14(b)(4) requires the lawyer to provide the former client all property the client is entitled to receive, and it directed attention to Formal Opinion 181.
May a lawyer disclose client confidences to a non-lawyer supervisor, and may that supervisor direct the lawyer's professional judgment?
The committee was of the opinion that RPC 1.6 prohibits the lawyer from disclosing client confidences or secrets to a non-lawyer supervisor, and that RPC 5.4(c) prohibits the supervisor from…
May an insurance-defense firm use a target-budget system that pays the firm a bonus for handling cases under budget?
Based on the facts submitted, the committee was of the opinion that the proposed target-budget bonus system raised no violations of the Rules of Professional Conduct, so long as the firm complies…
May a firm's lawyer who is licensed only in Texas use letterhead stating 'Board Certified - Family Law -- Texas Board of Legal Specialization'?
The committee was of the opinion that using such letterhead would be prohibited by RPC 7.4, which bars a Washington lawyer from stating or implying that the lawyer is a specialist.
May a lawyer be identified as 'international counsel,' and does the arrangement with an out-of-state-admitted lawyer raise unauthorized-practice concerns?
The committee was of the opinion that identifying a lawyer as 'international counsel' would violate RPC 7.4 because it would imply the lawyer was a specialist; it raised but rendered no opinion on…
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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 advisory, 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.