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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What titles can a non-admitted law school graduate use, and can the title appear on business cards and letterhead?
Per the opinion, 'legal intern' may be used only if the employee complies with Rule 9 of the Admission to Practice Rules, while 'law clerk,' 'paralegal,' or 'legal assistant' may be used if not mislea…
Can a lawyer who left a federal agency join a firm that sues the agency, and can the firm screen the lawyer from cases he worked on?
Per the opinion, the lawyer may work on matters adverse to the former agency in which he had no involvement; for cases he participated in 'personally and substantially,' RPC 1.11 bars his involvement …
Can a lawyer ask other lawyers to refer criminal cases to him?
Per the opinion, yes; the committee was of the opinion that nothing in the Rules of Professional Conduct prohibits soliciting criminal referrals from other lawyers, as proposed.
Must a firm withdraw from a case against a party who earlier delivered documents to the firm when it was consulted on a different matter?
Per the opinion, no; assuming an attorney-client relationship existed when the now-adverse party delivered documents, RPC 1.9 did not compel withdrawal because the pending proceeding was not substanti…
Can a Washington lawyer join a referral service where non-lawyers screen calls and refer consumers, and does that aid the unauthorized practice of law?
Per the opinion, a Washington lawyer may participate in the referral service described, and the non-lawyers' screening and referral of consumers is not the unauthorized practice of law, so participati…
Can a lawyer take a contingent fee to defend a client's property in a civil forfeiture case while also representing that client on the related criminal charges?
Yes. The committee concluded that RPC 1.5(d)(2)'s bar on criminal contingent fees does not reach a civil forfeiture proceeding, which is not criminal, but any such agreement must comply with RPC 1.5(a…
If a parent hires and pays a lawyer to represent their child in a dependency case, can that lawyer contact the child directly when the court has appointed a guardian ad litem?
The committee concluded there is no inherent conflict merely because a third party pays the lawyer, but that under RPC 1.8(f) the guardian ad litem, who stands in for the child, must consent before th…
Can a lawyer testify for impeachment when another lawyer in the same firm is trying the case?
The committee concluded that RPC 3.7 would prohibit a lawyer in a firm from testifying for impeachment purposes in a case in which another lawyer from the firm was the trial advocate, but the Rules wo…
Can a lawyer represent a husband in post-dissolution proceedings when the lawyer's former firm once consulted the wife, if the lawyer learned no confidences?
The committee concluded that a lawyer who was formerly with a firm the wife had consulted about a dissolution, but who gained no confidences, was not prohibited by RPC 1.10(b) from representing the hu…
Can one lawyer cover another lawyer's practice, including phones and yellow-page ads, while that lawyer is on sabbatical?
The committee concluded that nothing in the proposed plan, under which one lawyer would maintain the absent lawyer's phones and yellow-page advertising while telling callers the lawyer was on sabbatic…
Can a lawyer sell a client's property in the lawyer's possession to satisfy a judgment for unpaid fees?
The committee concluded that a lawyer could not sell client property in the lawyer's possession and apply the proceeds to a fee judgment without the client's consent or other lawful authority to conve…
Can a lawyer accept gift coupons from a vendor's bonus program for buying the vendor's products?
The committee concluded that bonus incentive coupons a corporate-kit vendor gave to lawyers who bought its products did not constitute 'compensation,' so participating in the program would not violate…
Can a lawyer keep client funds in the office instead of depositing them in a trust account?
The committee unanimously concluded that RPC 1.14 absolutely prohibits handling client funds in any way other than the rule permits, so a lawyer may not keep client funds in the office and must deposi…
If a law firm hires a lawyer from a public defender office that represented an adverse co-defendant, must the firm withdraw?
The committee concluded that under RPC 1.10(b) a firm representing a criminal defendant on appeal had to withdraw if it hired, as an associate, a lawyer who had represented the co-defendant who testif…
Can a lawyer get a former client to release a malpractice claim while tendering disputed fee money?
The committee concluded that under RPC 1.8(h) the lawyer could not settle a malpractice claim with a former client without first advising in writing that independent representation is appropriate, and…
Can a settlement require a lawyer to agree not to sue the defendant again, and can a separate agreement do the same?
The committee concluded that RPC 5.6(b) bars an agreement not to sue a defendant as a condition of settlement, in or outside the settlement document; a truly independent agreement not to represent par…
After a partner leaves a two-lawyer firm, can the remaining lawyer keep using the departed lawyer's name in the firm name?
The committee concluded that once the lawyer took a position with a legal services agency, the firm could not continue to use his name, because doing so would be misleading and would violate RPC 7.5(d…
Can a lawyer oppose a person who was the codefendant of a prior client, when the lawyer never gained that person's confidences?
The committee concluded that, because the lawyer represented a co-defendant who had a cross-claim against A and shared no confidences or secrets of A, the rules would not prohibit the lawyer from now …
Can a freelance contract lawyer work for two lawyers who frequently oppose each other in family law cases?
The committee concluded the arrangement was permissible because the contract lawyer would not work on cases where the two lawyers were adverse; the lawyer had to guard against disclosing confidences a…
Does a law firm need to treat an in-house account for its employees' own funds as a client trust account?
The committee concluded that an in-house account holding only law-firm employees' funds, with no client money in it, did not present an ethical question; it raised but did not answer whether depositin…
Can a firm sue someone its lawyer once defended on a DWI charge, when the new auto-accident case arises from related facts?
The committee concluded that the prior DWI representation was substantially related to the auto-accident suit, so under RPC 1.9 the firm could not continue representing the plaintiffs without the form…
Can a lawyer who represented both spouses now represent the wife in seeking a guardianship over her disabled husband?
The committee reached no definitive answer, but discussed that RPC 1.9(b) would bar the representation if it would use confidences or secrets about the husband from the prior work; it saw the guardian…
Must a lawyer give the client a prior lawyer's file the lawyer is holding, even if the client wants it to sue the prior lawyer?
The committee concluded that the lawyer should turn over the entire former-lawyer file that was given to the lawyer without restriction, because the client had paid for the work it represents and the …
In a fee-shifting case, can a lawyer charge a contingent fee that exceeds the reasonable attorney's fee the court awards?
The committee concluded it is not per se unethical to propose or enforce a contingent fee set as a percentage of the client's total recovery, even if it exceeds the court's statutory fee award, becaus…
Can a firm keep a lawyer's name in the firm name when that lawyer also works full time as a government hearing officer?
The committee concluded that a lawyer who continues to practice with the firm between eight and twenty hours a week while employed full time as a hearing examiner would appear to be 'actively and regu…
Can a firm sue a former client on a matter unrelated to the work it once did for that client?
The committee concluded that, because the firm's prior representation of the developer was unrelated to the new suit against him, the firm could represent the new client provided the representation wo…
When an insurer hires a lawyer to defend its insured, can the insurer direct the lawyer to file a motion the insured has not approved?
The committee concluded that, under RPC 5.4(c), a lawyer representing an insured must follow the client's instructions rather than the carrier's, so the lawyer could move for summary judgment at the c…
Can a legal services program share client information with the agency that funds it, and may it report client statistics?
The committee concluded that a legal services program could not extend the attorney-client privilege to its contracting agency or disclose client confidences without consent, but could provide summary…
Can a lawyer write directly to a represented adverse party, and does RPC 8.3 require reporting another lawyer's misconduct?
The committee concluded that RPC 4.2 made it improper to contact a known-represented adverse party directly absent the other lawyer's consent, and that RPC 8.3's use of 'should' does not require a law…
Can a proposed appointment system for juvenile court cases comply with the rules on conflicts and fee division?
The committee concluded that the proposed appointment program appeared fully consistent with the Rules of Professional Conduct, noting it appeared to account for the conflict-of-interest requirements …
Does a prosecutor's duty not to charge without probable cause line up with the statutory standard for filing a death-penalty notice?
The committee reached only a tentative opinion that the death-penalty notice standard in RCW 10.95.040 is the equivalent of RPC 3.8(a)'s requirement that a prosecutor refrain from prosecuting a charge…
Can a Washington lawyer keep a client trust account at a brokerage house instead of an insured bank?
The committee concluded that RPC 1.14(c)'s requirements are mandatory and cannot be waived by a client; a lawyer using anything other than an insured bank, credit union, or savings and loan must confi…
Can a lawyer represent someone harmed by a former client, when the new case turns on the former client's conduct?
The committee concluded that RPC 1.9 would let the lawyer take the new representation only with the former client's consent after full disclosure; because obtaining that consent could be detrimental t…
Can a lawyer contact the heirs of a deceased contract party directly to pass along the client's proposal?
The committee was unanimously of the opinion that a lawyer representing the purchaser on a real estate contract with a now-deceased party may contact the deceased's heirs directly to communicate the c…
If a contingent-fee client disappears after paying advance costs, can the lawyer just withdraw and keep the money?
The committee concluded that the lawyer could not simply make reasonable attempts to contact the client, withdraw, and retain the advance costs as earned fees; RPC 1.13 would require establishing a gu…
If a former client is spreading false statements about the firm, can the lawyer reveal the client's confidences to respond?
The committee concluded that RPC 1.6 would not permit revealing the former client's confidences or secrets, but the lawyer could send a letter (including to others) stating that the client's statement…
Can a lawyer print a business card that identifies the lawyer as both an attorney and a real estate agent?
The committee concluded that a card may identify the lawyer as both an attorney and a real estate agent if both are true, but RPC 7.4 bars the phrase 'specializing in land sales and development,' and …
Can a lawyer designate another lawyer to take over contacting clients if the lawyer becomes unavailable for an extended period?
The committee concluded that a lawyer could name another lawyer to be responsible during an extended absence, where that lawyer would simply contact the clients and tell them to find new counsel; exce…
If two people with adverse claims arising from one person's death each consulted the same firm, can the firm represent either of them?
The committee concluded that RPC 1.9 prohibited any lawyer in the office from representing either potential claimant, because the office had an attorney-client relationship with each side and might re…
Can a Washington lawyer charge a probate fee set as a percentage of the estate's value and split it with another lawyer?
The committee concluded that a fee set solely as a percentage of the estate's value is not a contingent fee; before any fee-splitting agreement, the lawyer must comply with RPC 1.5(e) on dividing fees…
Can a parent direct a lawyer to stop representing the parent's minor child, and what should the lawyer do?
The committee concluded that, guided by RPC 1.13, the lawyer should withdraw and may seek appointment of a guardian for the minor child; if the guardian then chose to re-employ the lawyer, the rules w…
Which state's trust-account rules apply when a lawyer practices in more than one state?
The committee concluded that the trust-account rules do not resolve conflicts between different states' rules for multi-state practitioners, but that, generally, if trust funds accrue from a lawyer's …
Can a lawyer who formed and represented a closely held corporation or partnership take a matter adverse to its owner or in a partnership dissolution?
No. The committee concluded that a lawyer who formed and represented a one-shareholder professional services corporation cannot represent others in a dispute with its owner, who could reasonably belie…
Can a Washington lawyer prepare a will that names the lawyer as a beneficiary or as executor?
The committee concluded that RPC 1.8(c) prohibits a lawyer from preparing an instrument giving the lawyer or a close relative a substantial gift unless the client is related to the lawyer, but that no…
Can a lawyer serve as the trustee in a deed-of-trust foreclosure while also representing the lender (beneficiary)?
The committee concluded that a lawyer-trustee who also represents the beneficiary can serve both roles only when the trustee's duty to the grantor does not materially limit the representation of the b…
Can a lawyer use an outside advertising service that runs a toll-free number, takes calls, and forwards messages to the lawyer?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a Washington lawyer from participating in the proposed advertising service, under which an advertising firm pro…
Can a Washington lawyer make telephone calls or send mass-mailed brochures soliciting business from people the lawyer has no existing relationship with?
The committee concluded that the Code's DR 2-102, and the solicitation rule (RPC 7.3) then being proposed in Washington, would prohibit telephone solicitation of business from entities the lawyer had …
Can a prosecutor have police interview a jailed represented defendant about another person's crimes without the defense lawyer's consent?
The committee concluded that such an interview about an unrelated matter would not violate RPC 4.2 unless the prosecutor, or an officer acting at the prosecutor's direction, led the defendant to belie…
Did the WSBA committee revisit its opinion on employing a disbarred attorney?
No. The committee declined to reconsider Formal Opinion 171, which addressed the employment of a disbarred attorney; this archived entry records that decision rather than restating the underlying rule…
Can a lawyer hold a client's papers until the fee is paid, and does a bankruptcy discharge wipe out that lien?
The committee said whether a bankruptcy discharge extinguishes an attorney's lien is a legal question it could not answer; if the lien survives discharge, a lawyer may assert it subject to the ethical…
Does a lawyer representing a corporation against its employee's unemployment claim face a former-client conflict or a lawyer-as-witness problem?
On the limited facts, the committee could only say the lawyer representing the corporation contesting the employee's unemployment claim had to comply with RPC 1.9, and noted that if the lawyer would b…
What are a government agency lawyer's ethical duties when advising collection staff about debts that may be unenforceable or collection methods that may be unfair?
The committee adopted a memorandum concluding that the agency lawyer's duty under RPC 2.1 is to advise the client agency candidly about the facts and law, including unenforceability and offset rights,…
Can legal services provided by Rule 9 interns be advertised, and whose name must appear in the ad?
Per the opinion, ads for legal services by Rule 9 interns through a legal aid society had to comply with RPC 7.2 and name at least one lawyer responsible for the content; the staff attorney's name cou…
Can a lawyer who left a firm stay on its letterhead, or be listed as 'retired,' while practicing at a new firm?
No. The committee found it misleading to keep a departed lawyer on the old firm's letterhead or to list him as 'retired' while he practiced elsewhere; only if he was 'of counsel' to both firms could h…
Can a Washington lawyer keep a client trust account in a Canadian bank?
Per the opinion, only if the Canadian bank meets the description in RPC 1.14(c); if it does there is no difficulty, but otherwise the lawyer must comply with the rule as written.
Can a lawyer sue the State when another lawyer in the same office previously served on a state commission dealing with a related subject?
Per the opinion, yes; the committee found no conflict or breach of confidences, and no RPC 1.11 violation, because of the narrow definition of 'matter' in RPC 1.11(d).
Can a lawyer negotiate an employment contract to become a corporation's full-time legal counsel and take part of the pay in company stock?
Per the opinion, negotiating such an employment contract, with stock as part of the compensation, did not violate RPC 1.8 because it appeared to be an arm's length transaction and the lawyer was not g…
Can a lawyer take a deed of trust and promissory note from a client to secure fees for future legal work?
Per the opinion, the lawyer could take the security if the assignment conveyed only a security interest, not a proprietary interest, so it did not conflict with RPC 1.8(j); but the lawyer then had to …
Will the WSBA ethics committee resolve a conflict-of-interest question when the inquiry sets out only limited facts?
No. Because the inquiry set out only limited facts, the committee declined to say more than that the lawyer had to comply with RPC 1.7.
Can a lawyer represent the law firm in a lawsuit against a former client when firm lawyers would be witnesses?
The committee concluded that a lawyer could not represent the firm in litigation with a former client because the firm witnesses' testimony would not relate to the nature and value of legal services i…
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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.