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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May a lawyer provide 'free' legal services to a real estate broker in exchange for the broker's client referrals?
The committee was of the opinion that if the legal services were provided on a quid pro quo basis in exchange for the referrals, it would violate RPC 7.2(c), but if they were not provided on that basi…
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…
Can opposing counsel contact a city's employees directly, or does the no-contact rule treat them as represented by the city's lawyer?
The committee concluded that nothing in the rules barred adverse counsel from communicating with city employees unless the employee was a speaking agent for the city on the matter, or there was an act…
Can a suspended lawyer still collect a share of contingent fees on cases handled before the suspension?
The committee concluded that a suspended lawyer may be paid his share of a contingent fee for services performed before the suspension, on a quantum meruit basis, based on the value of the services pe…
How can two solo practitioners who share an office answer a shared phone line without implying they are a partnership?
The committee concluded that answering 'Law offices of A and B' would be misleading under RPC 7.1 because it implies a partnership, but that forms like 'Law Office of A and Law Office of B,' 'Law Offi…
Can a lawyer team up with a nonlawyer to run a medical-ethics consulting practice and share fees and a joint name?
The committee concluded that whether the consulting work was the practice of law was a legal question it could not decide, but that to the extent the lawyer would be practicing law, the lawyer could n…
Is it fee-splitting with a nonlawyer for a salaried lawyer to keep court-awarded fees but rebate to the employer the salary paid for that case?
The committee concluded that this arrangement was not a splitting of fees with a nonlawyer, and that so long as the fees otherwise complied with RPC 1.5(a) there was nothing ethically improper about i…
If a lawyer joins the state legislature, can the lawyer keep representing a plaintiff in a lawsuit against the State?
The committee concluded that on becoming a legislator the lawyer had a duty under RPC 1.7 to advise the client of the potential limitations the political career posed and to assess whether that career…
Can a client sign an advance consent agreement waiving any future objection to the lawyer later representing an adverse party?
The committee concluded that a lawyer may not prospectively obtain a consent waiving all future objection to representing an adverse party, even where the conflict was identified in advance; the forme…
After a firm dissolves, can a lawyer audit a former partner's client files in which the lawyer has a financial interest?
The committee concluded that the lawyer first had to determine whether an attorney-client relationship now existed; if it did, the lawyer could access the file, but if not, the lawyer could not review…
If a prosecutor's office employs a judge's spouse as a special deputy, must that be disclosed when an office lawyer appears before that judge?
The committee concluded that the prosecutor's office had to disclose to adverse parties that it employed the judge's wife as a special deputy whenever a lawyer for the office appeared before that judg…
After giving a possibly misleading answer to a writ of garnishment, must the lawyer correct it, and what happens on the next writ if the client won't allow disclosure?
The committee concluded that the lawyer had no duty to correct the prior answer, but a future writ of garnishment would require disclosing all facts needed to avoid misleading the garnishor under RPC …
May a lawyer condition settlement on the opposing lawyer personally signing a hold-harmless agreement?
The committee declined to opine, concluding the inquiry presented a legal question (whether a lawyer can be required to do more than the law obligates in exchange for settlement) rather than an ethica…
Does the lawyer-as-witness rule bar a lawyer who is sued from representing himself, or a partner from representing him?
The committee concluded RPC 3.7 is not intended to prevent a lawyer who is a party defendant from representing himself, nor to prevent a partner or associate of that lawyer from representing him in th…
Can a lawyer sign demand letters and pleadings prepared by a collection agency client, where the agency keeps the records and the lawyer keeps no case files?
The committee concluded that the lawyer could enter the arrangement only if he knew the debt was owing in each case, reviewed and signed each document before it went out or was filed, exercised indepe…
Can a firm buy the law practice of a part-time municipal judge becoming full-time, and must the firm disclose that deal to opposing counsel?
The committee concluded the firm could enter the arrangement to buy the practice, that RPC 8.4(d) required disclosing it to opposing counsel where non-disclosure would be prejudicial, and that paying …
What must a lawyer do with a deceased lawyer's files that contain original wills and deeds when the clients cannot be located?
The committee concluded that the lawyer had to continue safeguarding original wills, deeds, and other client property when the clients could not be located, but that file materials that are not client…
Does the lawyer-as-witness rule stop a lawyer from representing himself, or from being represented by another lawyer in the same firm?
The committee concluded that RPC 3.7 is not intended to prevent a lawyer from representing himself or herself in litigation, nor to prevent a lawyer from being represented by another lawyer in the sam…
Can a lawyer release a former client's information to the news media because the lawyer believes the former client may commit future crimes?
The committee concluded that RPC 1.6(b)(1) permits disclosure to prevent a client crime only on an objectively reasonable belief, not a subjective one, and that without specific objective facts the la…
May a lawyer pay an expert witness a contingent fee?
The committee said RPC 3.4(b) governs, barring inducements to a witness that are prohibited by law, but whether a contingent fee is prohibited by law is a legal question the committee could not answer…
Does a lawyer have to tell the opposing party that the lawyer is married to the client's treating chiropractor?
The committee concluded that nothing in the rules required the lawyer to disclose the marital relationship between the lawyer and the client's chiropractor to an opposing party, unless the lawyer was …
May a law firm's buy-out agreement pay a withdrawing shareholder a percentage of fees on the firm's cases?
The committee concluded a buy-out may pay a percentage fee tied to the proportion of work the withdrawing shareholder did on each case, but a blanket percentage of every case would violate RPC 1.5(e).
How does Washington interpret CJC 7(B)(2) on judicial campaign solicitations, and does the bar's view match the Judicial Ethics Advisory Committee's?
The committee reviewed CJC 7(B)(2) and Judicial Ethics Advisory Opinion 86-17 and concluded that the bar's advice should be consistent with the Judicial Ethics Advisory Committee's, so it agreed with …
In an ex parte sentencing, must a criminal defense lawyer tell the judge about the prosecutor's sentencing recommendation, and is it improper to take the client to court without responding to the prosecutor first?
The committee concluded that the prosecutor's sentencing recommendation was a relevant fact the defense lawyer had to disclose under RPC 3.3(f), and that taking the client before the judge without get…
If the IRS asks a lawyer for a client's address and telephone number, can the lawyer turn that information over without a court order?
The committee concluded that a client's address and telephone number were a confidence or secret, so under RPC 1.6(b)(2) the lawyer could reveal them to the IRS only pursuant to a court order.
Can a lawyer call his or her own spouse as a witness for the lawyer's client, and does the lawyer have to do anything about the relationship?
The committee concluded that where calling the lawyer's spouse as a witness might impair the lawyer's independent judgment and adversely affect the client's case, the lawyer had to disclose those fact…
Must a lawyer report another lawyer's misconduct when doing so would reveal a client secret and harm a former client?
The committee concluded the duty to report under RPC 8.3 yields where reporting would disclose a client secret protected by RPC 1.6, as it would here; but RPC 1.6(b)(2) would permit disclosure if need…
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.
Is a part-time contract lawyer 'associated with' a firm for conflict purposes, so the firm's conflict bars the contract lawyer too?
The committee was of the opinion that a lawyer working part-time on a contract basis with a firm is 'associated with' the firm as that term is used in RPC 1.10(a), so the contract lawyer can represent…
Does a lawyer have to disclose a former client's threats to reveal others' crimes, or report that others may have committed crimes?
The committee was of the opinion that RPC 1.6, which says a lawyer 'may' disclose confidences or secrets to prevent a client's crime, imposes no obligation to do so and no obligation to report crimina…
When a lawyer also serves as a part-time or pro tem judge, can the lawyer issue a search warrant for a firm client, tell the client, or later represent that person?
The committee deferred the judicial-conduct question to the Judicial Ethics Advisory Committee, but was of the opinion that RPC 8.4(d) prohibits the lawyer from telling the client about the warrant si…
Can a firm keep representing a husband in a dissolution when the wife once briefly consulted an associate who has since left the firm?
The committee was of the opinion that, because the firm holds no confidences or secrets of the wife and the associate she consulted is no longer with the firm, there is no violation of RPC 1.10(c)(2) …
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…
Can a lawyer pay to produce an informational audio tape for a company's pay-per-call phone line, where the company keeps all the caller fees?
The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a lawyer from participating, because the lawyer pays only the actual production costs of the tape and nothi…
If a former client wants back documents the lawyer believes are falsified for perjury, does the lawyer have a duty to disclose the intended perjury?
The committee was of the opinion that, because RPC 1.6 says a lawyer 'may' reveal confidences or secrets necessary to prevent a client's crime, the disclosure is permissive, so the lawyer has no duty …
Do the ethics rules require a lawyer to have a private office with walls and a door rather than an open-office layout?
The committee was of the opinion that the Rules of Professional Conduct do not address the architecture of law offices; it could only advise that, under RPC 1.6, a lawyer has a duty not to reveal clie…
Can a lawyer who was consulted by (and declined to represent) a husband in a dissolution later serve as guardian ad litem for the children?
The committee was of the opinion that there was no conflict in serving as guardian ad litem, because the husband, by asking the lawyer to act, waived any conflict, and the wife, told of the arrangemen…
Does a prosecutor violate the ethics rules by filing criminal charges that would breach the defendant's CrR 3.3 speedy-trial right?
By an 8-6 vote, the committee was of the opinion that, on the facts presented, filing a case that would violate a defendant's speedy-trial right under CrR 3.3 (a procedural, not constitutional, right)…
Can a sole practitioner's employed associate use the firm letterhead, or must the associate have separate stationery?
The committee advised that the recent amendment to RPC 7.5 was not intended to prohibit a sole practitioner from hiring associates and letting them use the law firm letterhead; the amendment's purpose…
Can a lawyer who bought out a partnership keep using the partnership name when the former partner is now an employed associate?
The committee was of the opinion that the lawyer could not keep using the partnership name where the lawyer had bought the partnership and the former partner was now an employed associate; but if the …
Can a lawyer agree with a group of clients that the group is responsible for litigation costs, even though only some members will actually pay?
The committee was of the opinion that a lawyer could enter into an agreement with a group of clients for the group to be responsible for the costs of litigation, with the understanding that only certa…
Can a lawyer keep representing clients in one suit when a nominal former client, for whom the lawyer holds no confidences, is adverse to them in an unrelated suit?
The committee was of the opinion that, if the lawyer has no confidences or secrets of the person for whom the lawyer entered a notice of appearance, and assuming the lawyer is permitted to withdraw fr…
Can a group of in-house lawyers use common pleading paper or letterhead listing all their names?
The committee was of the opinion that a group of in-house counsel may use common stationery or pleading paper listing their names if it identifies them as members of the employer's legal department; p…
If a lawyer will be a witness at trial, what tasks can the lawyer still perform in the case under the advocate-witness rule?
The committee was of the opinion that, unless an RPC 3.7 exclusion applies, a lawyer who will be called as a witness must decline or withdraw from the representation; the lawyer may handle purely lega…
Does a lawyer who represents the personal representative of an estate have a conflict of interest with the estate's beneficiaries?
The committee was of the opinion that the lawyer for a personal representative represents the personal representative, not the beneficiaries, so there is no conflict in continuing that representation;…
Can a Washington lawyer solicit clients by mail using a commercial mailing list, and place an offer of services inside another company's mass mailer?
The committee was of the opinion that a lawyer may solicit by mail a prospective client with no family or prior professional relationship, may use a commercial mass mailing list, and may place a descr…
Can a sole practitioner's employed associate use the firm letterhead, or must the associate have separate stationery?
The committee advised that the recent amendment to RPC 7.5 was not intended to prohibit a sole practitioner from hiring associates and letting them use the law firm letterhead; the amendment's purpose…
If a lawyer represents a testamentary trust, must the lawyer disclose to residual heirs that the trustees distributed all of the trust's assets?
The committee was of the opinion that, because an attorney-client relationship exists between the lawyer and the co-trustee wife (under Estate of Larson), disclosure of the distribution to the residua…
If a lawyer runs a legal research and writing business serving only law firms, do the fee-splitting, third-party-payment, and conflict rules apply?
The committee was of the opinion that a lawyer whose only clients are law firms is not subject to the division-of-fees rule (RPC 1.5(e)) or the third-party-compensation rule (RPC 1.8(f)); need not dis…
Can a Washington lawyer use targeted direct mail to solicit clients?
The committee noted that while the inquiry was pending, the U.S. Supreme Court held in Shapero v. Kentucky Bar Association that targeted direct mail is constitutionally protected, and the Washington S…
If volunteer lawyers from different firms take pro bono cases through a legal services office, can they be on opposite sides of cases?
The committee was of the opinion that private-practice lawyers who volunteer pro bono services through a legal services organization are not practicing 'in association' with each other, so the fact th…
Can a lawyer who drafts a client's will be named as the testamentary trustee in that will?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a lawyer from being named as a testamentary trustee in a will the lawyer prepared, and referred the in…
Can a law firm put a lawyer-association's logo on its letterhead?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a firm from displaying a lawyer-association logo on its letterhead, provided that neither its use nor …
Can a lawyer who represents the receiver of an insolvent insurer also be appointed by the receiver to defend the insurer's individual insureds?
The committee was of the opinion that the lawyer has a conflict of interest, because the receiver's duty to maximize assets for all insureds conflicts with each insured's interest in prompt full payme…
Is a client's whereabouts confidential, so a lawyer can't just give it to the FBI looking for the client on an abduction warrant?
The committee was of the opinion that a client's whereabouts falls within the protections of RPC 1.6 for client confidences and secrets, and can be disclosed only as that rule permits.
Can a law firm place an informational brochure with its name on it in a doctor's waiting room?
The committee was of the opinion that nothing in the Rules of Professional Conduct would prohibit a firm from preparing an informational brochure on patients' rights and responsibilities after an auto…
Can a lawyer in a financial service center pay the center based on the lawyer's fees, or must the payment be independent of fees?
The committee was of the opinion that arrangements where the lawyer pays the service center based on the fees the lawyer earns are prohibited fee splitting under RPC 5.4(a); arrangements are permissib…
When a lawyer leaves a firm with a contingent-fee client, may the lawyer pay the old firm the fees the client owed it?
The committee was of the opinion that the lawyer's payment of the fees owed to the former firm would resolve the question of sharing fees between the lawyer and the former firm and so would not be pro…
What must a lawyer do after learning the client altered records before producing them to the other side?
The committee was of the opinion that RPC 3.3(a)(2) requires the lawyer to consult the client and seek permission to disclose the alteration; if the client refuses, the lawyer must cease representatio…
Can a lawyer employ a person who resigned from another state's bar under circumstances tantamount to disbarment?
The committee was of the opinion that neither the Rules of Professional Conduct nor Rule 1.1(h) of the Rules for Lawyer Discipline would prohibit employing such a person, but cautioned that the employ…
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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.