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.
No Washington State Bar Association opinions match these filters
Try a different search term or clear the filters.
Can a lawyer personally guarantee a settlement payment on behalf of a client?
No. The committee was of the opinion that it would not be proper for a lawyer to personally guarantee a settlement payment on behalf of a client. It declined to opine on a related question about a law…
Can a law firm keep using a former partner's name in the firm name after he leaves to start his own practice?
No. The committee was of the opinion that the firm could not continue to use the name of a former partner who is no longer associated with the firm but is otherwise in the practice of law, because doi…
Does representing a homeowners association in a land-use case conflict with the same lawyer enforcing the association's assessments against its members?
No. The committee was of the opinion that the lawyer's client is the association, and representing it in a land-use matter does not conflict with representing it in enforcing assessments and covenants…
Can a prosecutor offer to dismiss criminal charges in exchange for the defendant releasing civil claims against the government?
The committee adopted an informal opinion concluding that nothing in the Rules of Professional Conduct prohibits a prosecutor from seeking a release of civil liability in exchange for dismissing charg…
Can a lawyer communicate ex parte with a bank that provides collection services to the opposing party in a contract dispute?
The committee was of the opinion that an attorney's ex parte communication with a bank providing contract collection services to the seller, in a seller-vendor contract dispute, would not violate RPC …
Can a lawyer review and sign complaints and pleadings that a collection agency prepares for the lawyer's clients?
The committee was of the opinion that, on the facts described, a proposed relationship in which a collection agency prepares complaints and pleadings that the lawyer reviews and signs after weekly rev…
After a firm represented both spouses in estate planning, can a firm lawyer represent the wife in a divorce over the husband's later objection if he gave written consent?
The committee was of the opinion that where the husband had given written consent (including acknowledgement of his right and opportunity to seek counsel) to the lawyer representing the wife in the di…
What must a lawyer do with trust-account funds held for a client whose whereabouts are unknown?
The committee was of the opinion that when a lawyer holds funds in trust for a client whose whereabouts are unknown, the lawyer is obliged to follow the requirements of the Uniform Unclaimed Property …
Can a lawyer take an assignment of a client's judgment for past-due child support to secure the lawyer's fees?
The committee was of the opinion that the mother had the full ability to assign her own interest in back child support to secure the attorney's fees, but that the extent of her interest would depend o…
Must a lawyer in a client's personal injury case disclose the existence of the client's minor children to the custodial parent?
The committee was of the opinion that disclosure of the existence of the minor children would be required to the extent non-disclosure would amount to assisting the client in conduct the lawyer knows …
Can a lawyer assert a possessory lien over a client document held to secure fees, such as a car's certificate of title?
The committee was of the opinion that the lawyer could assert a possessory lien over a document in the lawyer's possession (a certificate of title to an automobile) that the client had given to secure…
Does a criminal defendant's threat to sue the prosecutor create a conflict that bars the prosecutor from continuing the case?
No. The committee was of the opinion that when a prosecuting attorney has been threatened with a lawsuit by a criminal defendant, the prosecutor is presented with no conflict such as to prevent the pr…
If a lawyer learns the client gave false testimony in a dissolution trial, can the lawyer disclose it to the court?
No, not on these facts. The committee was of the opinion that under RPC 3.3(c) and 1.6 the lawyer would not be permitted to disclose the client's false testimony; instead the lawyer should seek the cl…
If a client tells the lawyer to give a signed settlement release back to the client instead of delivering it to the other side, what must the lawyer do?
The committee was of the opinion that the lawyer must deliver the document to the client as requested but also advise the client of the consequences of his actions, and should notify opposing counsel …
Can a lawyer form a partnership with a nonlawyer to run a child-custody evaluation business?
Yes. The committee was of the opinion that a custody evaluation business does not constitute the practice of law, so a lawyer forming such a partnership with a nonlawyer would not violate RPC 5.4(b); …
Can the lawyer who drafted a will serve as the sole trustee of the trust it creates and also as guardian for the trust's beneficiary?
The committee did not give a clear yes or no. It was of the opinion that although the Rules of Professional Conduct may not directly prohibit a will-drafting lawyer from serving as both sole trustee a…
When a lawyer leaves a firm but keeps a contingent-fee client, can the firm and the lawyer divide the fee by hours worked?
Yes. The committee was of the opinion that where a firm was hired on a contingent fee and the lead counsel left but continued to represent the client, the firm and the lawyer could agree to divide the…
Can a lawyer let a collection agency prepare pleadings on the lawyer's forms if the lawyer reviews the file and signs each document?
Yes. The committee was of the opinion that where a collection agency prepares documents such as complaints, writs of garnishment, and answers using forms the lawyer prepared, and the lawyer reviews ea…
Can a lawyer who switched firms work on a case against a former firm's client if the lawyer never touched that client's matters?
Yes. The committee concluded that where the lawyer had not worked on the cases or any other matters for the former firm's clients and had acquired no confidences or secrets, nothing in the Rules of Pr…
On withdrawing from a criminal case, must a lawyer hand over discovery the criminal rules restrict, and how?
The committee concluded that, where a withdrawing lawyer's duty to deliver papers under RPC 1.15(d) runs up against the criminal discovery restrictions of CrR 4.7(h)(3) and (7), a court order should b…
If a lawyer receives funds payable to a client that the client is not entitled to, what must the lawyer do before returning them?
The committee concluded that a lawyer who receives funds payable to a client that the client is not entitled to must advise the client of the lawyer's intention to return the funds and the reason, so …
Can a lawyer reveal client confidences to defend against a former client's malpractice and fraud claims?
Yes. The committee concluded that, where a lawyer faces a cross-complaint alleging fraud, malpractice, and similar claims, RPC 1.6(b) permits revealing confidences or secrets to the extent reasonably …
Can a lawyer take a promissory note secured by a deed of trust for unpaid attorney fees?
The committee concluded that taking a promissory note for the balance of undisputed attorney fees, secured by deeds of trust, must comply with the business-transaction requirements of RPC 1.8(a). It p…
Do the lawyer ethics rules govern how a lawyer-owned company solicits its own nonlegal business?
The committee concluded that the Rules of Professional Conduct would not apply to a lawyer-owned corporation's solicitation of its own nonlegal business, where a client of the corporation's guardiansh…
Can a lawyer use 'and associates' in a firm name when the other lawyers are not actually firm associates?
No. The committee concluded that, on the facts presented, RPC 7.5(d) and 7.1 prohibit using 'and associates' in the firm name because the other lawyers are not in fact associates of the firm. It added…
Can a lawyer buy a struggling client's property and lease it back to them while representing them?
No. The committee concluded that RPC 1.8(e) prohibits the proposed financial assistance: buying property from clients who cannot meet their mortgage payments and leasing it back to them with an option…
Can a lawyer guarantee a loan to a client to help them avoid foreclosure and keep up their litigation?
No. The committee concluded that RPC 1.8 prohibits a lawyer or law firm from guaranteeing a loan to a client to let the client forestall a deed-of-trust foreclosure, where the point was to help the cl…
Can a lawyer be hired by another firm to attend a medical examination and later testify as a witness about it?
Yes. The committee concluded that RPC 3.7 would not prohibit a lawyer from being employed by a law firm to attend a medical examination and later testify as a witness about it, because the lawyer is n…
Can a lawyer charge a contingent fee and also bill the client hourly for legal support staff as a cost?
Yes, with conditions. The committee concluded that a contingent fee plus separately billed hourly rates for legal support staff as costs is permissible if the client receives the information needed fo…
Can a lawyer sue a former client for slander about the representation and reveal client confidences to prove the case?
Yes. The committee concluded that a lawyer may take legal action against a former client for slanderous statements about the lawyer's prior representation, because RPC 1.6 permits revealing confidence…
Can a lawyer promise a client's medical provider that settlement funds will be used to pay the provider's bill?
Not without the client's informed consent. The committee concluded that settlement or judgment funds are the client's, so a lawyer could not guarantee paying a chiropractor's bill out of them without …
When it is unclear who a lawyer's client is, what does the lawyer have to do about the relationship?
The committee concluded that whether a lawyer-client relationship exists, and with whom, is a legal question it could not answer, and is something the lawyer should resolve with the client; but RPC 4.…
Can one lawyer represent both a husband and wife in separate criminal domestic violence cases they have against each other?
No. The committee was of the opinion that one lawyer representing both spouses in separate criminal domestic-violence cases against each other is a conflict of interest, because the lawyer would have …
If a lawyer's own client turns out to be the opposing party's expert witness in another case the lawyer is defending, can the lawyer keep handling that case?
No. The committee agreed that when a lawyer's client would appear as the opposing party's expert witness in a second case the lawyer was defending, putting the lawyer in the position of deposing and c…
Is a lawyer who subpoenas an expert witness personally responsible for paying the expert's fee?
Yes, unless the lawyer shifts responsibility. The committee was of the opinion that a lawyer issues a subpoena as an officer of the court, so failing to pay requested witness fees violates RPC 8.4(d);…
If a lawyer distributes a computer program that generates legal documents for other lawyers to use, what ethics duties apply?
The committee declined to give a general opinion for lack of information, but cautioned that the program's assumptions and limitations should be provided to each user-attorney, that the user-attorney'…
If a lawyer who was a child's guardian ad litem joins the firm representing the parent accused of injuring the child, can the firm keep representing the parent?
The committee concluded that under RPC 1.7(b) the firm could continue representing the mother only after disclosing the lawyer's prior role as the child's guardian ad litem to the child's current guar…
Must a lawyer pay an expert witness's fees when the lawyer subpoenaed the expert at the client's request?
The committee concluded that, because a lawyer issues subpoenas over the lawyer's signature as an officer of the court, failing to pay witness fees when requested, or requiring a witness to spend an u…
Can a lawyer present a proposed order to a judge ex parte, without notice to opposing counsel?
The committee concluded that presenting an order to a judge ex parte, without notice to opposing counsel, is permitted under RPC 3.5 only if the communication is otherwise permitted by law. It decline…
Can a lawyer guarantee a personal injury client's out-of-pocket medical bills to relieve pressure from providers?
The committee concluded that RPC 1.8(e) prohibits a lawyer from advancing or guaranteeing financial assistance to a client except that the lawyer may guarantee the expenses of litigation. Guaranteeing…
Can a sole practitioner put 'associates' on the letterhead because he regularly works with other independent lawyers?
The committee unanimously concluded that a sole practitioner's use of 'associates' on the letterhead would be misleading, because the public would be led to believe the lawyer employs other lawyers in…
Can a lawyer send a solicitation letter and brochure to a purchased mailing list of CPAs in several states?
Yes. The committee was of the opinion that RPC 7.2(a) permits a lawyer to mail a solicitation letter and brochure to a purchased list of all certified public accountants in Washington, Alaska, Oregon,…
Can a lawyer run personal or a spouse's real estate and business transactions through the law office trust account?
The committee concluded that a lawyer may not collect his own vendor's interest in a real estate contract through the trust account, because RPC 1.14(a) bars depositing a lawyer's or firm's own funds …
Can a lawyer work through a placement service that places attorneys with firms as independent contractors?
The committee concluded that nothing in the conduct of the described placement service violates RPC 5.4(d). The service did not engage in the practice of law; its sole purpose was to place attorneys a…
Can two lawyers who are not partners share a letterhead that lists both of their names?
On split votes, the committee concluded that a letterhead listing two lawyers, each separately identified as 'attorney at law' with their names stacked and a line between them, did not falsely lead th…
Can a Washington lawyer report suspected abuse of a vulnerable adult when the information is a client confidence?
The committee concluded that reporting under RCW 74.34 is constrained by RPC 1.6: where the information is a client confidence, the lawyer may disclose only if a Rule 1.6 exception applies, such as th…
Can a lawyer let a collection agency send debt letters over the lawyer's printed name from an office the agency staffs and runs?
No. The committee concluded that authorizing a collection agency to send debt letters over the lawyer's printed name, from an office run by agency employees and held out as the lawyer's law office, wo…
Do Washington's industrial-insurance statutes waive the physician-patient privilege for purposes of the ethics rules?
The committee declined to decide. It treated whether RCW 51.04.050 and 51.36.060 waive the physician-patient privilege as a legal question it cannot answer, and said only that Formal Opinion 180 must …
Can a lawyer sue a defendant whom the lawyer's partner once represented in an unrelated dissolution and will?
Yes. The committee concluded RPC 1.9 did not prohibit the representation because the auto-accident case was not substantially related to the partner's earlier dissolution and will work for the defenda…
How does Washington treat firm names, letterhead, and a Washington firm's association with law firms in other states?
The committee did not write its own analysis; it became aware of ABA Formal Opinion 84-351, on firm names, letterhead, and association with law firms in other states, and adopted that opinion.
Can a lawyer advertise as 'certified,' a 'diplomate,' or a 'specialist' based on a National Board of Trial Advocacy certification?
The committee concluded that a lawyer could advertise being 'certified as a criminal trial advocate by the National Board of Trial Advocacy,' but that 'diplomate' might be misleading because it did no…
Can a lawyer charge a contingent fee to dissolve a non-marital domestic partnership where there are no children?
Yes. The committee was of the opinion that nothing in the Rules of Professional Conduct prohibits a contingent fee for representing a client in a non-marital domestic partnership breakup in which ther…
Is a judge's law clerk who worked on asbestos cases barred from later representing parties in other asbestos cases with the same defendants?
No. The committee concluded that RPC 1.12(a) disqualifies a former law clerk only from the same matter the clerk worked on, not from other cases involving parties who happened to appear in that matter…
Can a lawyer pay a referral fee to another lawyer who refers a case but does no work on it?
Yes. Under RPC 1.5(e)(2) a fee may be divided with a referring lawyer who does no other work if there is a written agreement with the client, each lawyer assumes joint responsibility for the represent…
Can a lawyer pay to participate in a referral service that advertises its referrals as 'personal referrals'?
No. The committee concluded that RPC 7.2 and 7.3 prohibit a lawyer from participating in the proposed referral service because its advertisement states that it is a 'personal referral' for which the l…
Can a lawyer advise a client to make interspousal transfers of property to protect assets without engaging in fraudulent conduct?
The committee concluded that because Washington law expressly allows interspousal transfers without affecting the right to receive Medicare benefits, advising a client to make such transfers would not…
If a competent client instructs the lawyer to dismiss her own lawsuit and the lawyer thinks she is acting against her interests, what can the lawyer do?
The committee concluded that where the client has been found not so incapacitated as to allow a guardian ad litem and the lawyer's efforts to dissuade her have failed, the lawyer must follow her instr…
Can a lawyer own a counseling business, serve as its director and general counsel, and accept client referrals from it?
The committee said nothing barred owning the business or serving as both director and general counsel, but RPC 1.7 requires checking whether the dual role would compromise independent judgment, paying…
Can a lawyer threaten to sue opposing counsel for calling a witness who signed a settlement confidentiality clause, and is that clause even valid?
Per the opinion, a settlement clause that would limit a lawyer's right to call a witness in future litigation would appear to violate RPC 5.6(b); a genuine warning of suit over a believed-enforceable …
Can a client waive the rule that a lawyer's trust funds be kept in a 'qualified' account?
No. The committee continued its opinion that RPC 1.14(c)'s requirement to deposit client trust funds in qualified accounts is mandatory and may not be waived by the client, though the lawyer may distr…
Browse Washington State Bar Association opinions by topic
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.