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 represent a fellow lawyer in the same firm in that firm member's own lawsuit?
The committee concluded that RPC 3.7 would prohibit one lawyer in a firm from representing another lawyer in the same firm in litigation, in a case where the associate sued for specific performance of…
Does a lawyer have to tell the client about credits toward a free trip from the court reporter service the firm uses?
The committee concluded that a promotional scheme in which a court reporter service gave the firm credits toward a free trip would have to be disclosed to the client in conformance with RPC 1.7(b).
Can a lawyer bill a client for a contract lawyer's time at a higher rate than the contract lawyer is paid?
The committee concluded that an arrangement in which a lawyer employed a contract lawyer hourly, paid the contract lawyer before billing the client, and charged the client more than the contract lawye…
Can a lawyer send a letter advertising legal services to the mayor of a city?
The committee concluded that a proposed letter advertising legal services to the mayor was not a prohibited solicitation under RPC 7.3, while noting it was the lawyer's responsibility to ensure any su…
Can a lawyer assert an attorney's lien for old fees against funds received for the same client in a new case?
The committee concluded that an attorney's lien for fees due in prior litigation could be asserted against funds received on behalf of the same client in new litigation, and that the lawyer had to com…
Can a law firm disclose client names to a bank when pledging its accounts receivable for financing?
The committee concluded that before disclosing client names and account status to a bank to pledge accounts receivable, RPC 1.6 required the lawyer to determine the information was not a secret, to in…
Can a lawyer send a judge a letter criticizing a decision in a case the lawyer had no part in?
The committee concluded that a lawyer's letter criticizing a judge's decision, in litigation the lawyer was not involved in, would not be a prohibited ex parte communication because there was no pendi…
Can a lawyer hire a court reporting service that is also one of the lawyer's clients, and must the lawyer disclose that?
The committee concluded that nothing in the Rules prohibits a lawyer from using a court reporting service that is also a client of the lawyer, and that the lawyer would have no obligation to disclose …
Can a lawyer post a sign showing that he is a consul next to his law firm sign?
The committee concluded that nothing in the Rules of Professional Conduct would prohibit a lawyer from posting a sign indicating that he was a consul next to or below his law firm sign.
Must a lawyer who serves as trustee, guardian, or executor hold those funds in a trust account under RPC 1.14?
The committee concluded that whether RPC 1.14 governs funds a lawyer receives as a fiduciary depends on whether they are client funds in the lawyer's possession; if so, they must go into the account R…
When a lawyer practices in more than one state, whose trust-account rules apply to client funds?
The committee concluded that the Rules do not address conflicts between states' trust-account rules, but that funds acquired through practice under a Washington license must follow the Washington rule…
What can a lawyer do with trust funds for multiple clients who cannot be reached for distribution instructions?
The committee concluded that a lawyer holding trust funds for a group of unreachable clients could issue a single trust-account check payable to all of them, send it to one party while advising all of…
Does a lawyer representing a parent in a tort case have to protect the children's loss-of-consortium claims?
The committee concluded that a lawyer for a parent need not contact adult children about their loss-of-consortium rights, but must have a guardian ad litem appointed to protect minor children's intere…
Can a lawyer charge a collection agency a contingent fee measured as a percentage of what the agency itself recovers?
The committee concluded that the proposed contingent fee agreement, giving the lawyer 50% of whatever the collection-agency client received, is not precluded by RPC 1.5 so long as the rule's other req…
When a lawyer moves to a firm that opposes clients of the lawyer's old firm, is the new firm disqualified?
The committee concluded that, so long as the moving lawyer has no actual knowledge of the adverse parties' confidences or secrets and is not involved in the case, RPC 1.10 would not disqualify the new…
If a lawyer is a staff attorney for a mortgage company handling closings, what must the lawyer tell the buyer and seller about who the lawyer represents?
The committee concluded that a staff attorney handling closings for a mortgage company must disclose to the parties that the lawyer represents the company, not the buyer or seller, and that the partie…
What may a prosecutor tell witnesses about being interviewed by defense counsel, and can the prosecutor insist on being present?
A prosecutor may not discourage witnesses from talking to the defense or condition a defense interview on the prosecutor's presence; doing so obstructs witness access in violation of RPC 3.4. The pros…
Can a lawyer appear before a Court Commissioner who used to work at the lawyer's firm?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from appearing before a Court Commissioner formerly associated with the lawyer's office, and suggested the …
Can a law firm distribute a brochure about its services to insurance companies, real estate agencies, banks, and other potential referral sources?
Yes. The committee concluded that a proposed brochure about the firm, distributed to insurance companies, real estate agencies, banks, and others who might generally find the firm's services useful, i…
What ethics rules apply to a lawyer who represents both buyers and sellers, also works as a real estate broker, and sometimes becomes a partner with the purchaser?
The committee found the lawyer's fee agreement inadequate under RPC 1.5(b) for not stating the basis or rate of the fee, and found the client communications lacked the conflict disclosures RPC 1.7 req…
Does serving as a state-paid guardian ad litem in paternity cases conflict with privately representing parents in other, unrelated paternity cases?
No. The committee concluded that being appointed and paid by the state as a guardian ad litem in paternity cases does not present a conflict of interest with privately representing a mother or father …
Can a Washington firm list an out-of-state lawyer as an 'associated office' on its letterhead?
Yes. The committee concluded that under RPC 7.5 a Washington firm could list an Oregon lawyer as 'associated offices' so long as the Oregon address was shown to mark the practice limitation, and the f…
Can a lawyer hire a legal secretary who came from an opposing firm and knows the confidences of clients adverse to the lawyer's own clients?
No. The committee concluded that under RPC 5.3 it would be improper to employ a secretary who has actual knowledge of the confidences and secrets of clients adverse to the hiring lawyer's current clie…
If a client threatens to commit suicide, can the lawyer call emergency services and share information to protect the client?
The committee concluded that a lawyer who reasonably believes a client may carry out a suicide threat may take protective action under RPC 1.13, treating the client as temporarily under a disability, …
Who is entitled to the interest earned on a lawyer's trust account before Washington adopted its IOLTA rule?
The committee concluded that interest earned on the trust account before the IOLTA rule was adopted must be allocated and paid to the clients whose funds earned it; if a client has disappeared, the fu…
Can a law firm keep using a partner's name on its letterhead after that partner withdraws and opens a solo practice?
No. The committee concluded that continuing to use letterhead bearing the withdrawn lawyer's name and the firm's partnership designation, after the lawyer had withdrawn and set up a solo practice, wou…
If a court's sentencing order mistakenly gives a client less jail time than the judge announced, must the defense lawyer point out the error?
No. Assuming the lawyer had no part in preparing the order, the committee concluded RPC 1.6 obligated the lawyer to remain silent about the apparent error because it constituted a secret of the client…
Can a law firm include an associate who is not a partner in the firm name?
No. The committee concluded that a firm name listing an associate alongside the partners (A, B, P.S., & C) would violate RPC 7.5(d) because it would imply a partnership that did not exist and that the…
Can a Washington law firm represent clients under written agreements that permit limited discovery and limit the firm's malpractice liability?
The committee was unanimous that neither RPC 1.2 nor RPC 1.8 would prohibit such written agreements, provided those rules were fully and cautiously complied with.
If a Washington lawyer must testify as a witness at trial, can the lawyer keep working on the client's matter and bill for that work?
The committee concluded that a lawyer who must testify at trial is not barred from continuing to represent the client in matters separate from the trial, from doing legal research and preparing papers…
Can a city attorney serve on the board of a civic organization that is suing the city, without violating the conflict rules?
The committee concluded that, by analogy to RPC 6.3, a city attorney could serve on the board of a civic body adverse to the city in litigation if the attorney was isolated from any access to the case…
Can a Washington lawyer contact an opposing party who is represented by counsel to send a payment reminder or to ask for a mailing address?
No. The committee concluded that both contacts, a reminder notice sent directly to the represented party (even with a copy to counsel) and a call to obtain a mailing address, would violate RPC 4.2's b…
Does the rule limiting lawyer contact with a physician about privileged information also cover privileged materials and medical records?
The committee concluded that the principle of Formal Opinion 180, governing attorney contact with physicians about privileged information, extends to privileged materials and medical records as well.
If a lawyer cannot locate the client, can the lawyer settle the case or file suit, and how should the lawyer withdraw?
The committee concluded that where the lawyer could no longer contact the client (an escaped jail inmate with a personal injury claim), the lawyer was precluded from taking any action on the client's …
Can a lawyer practice with or employ a lawyer who has been suspended from practice?
No. The committee concluded that because Rule 1.1(h) of the Rules for Lawyer Discipline prohibits a lawyer from practicing law with or employing a suspended lawyer, any lawyer who did so would violate…
When an insurer hires a lawyer to defend a malpractice claim against another lawyer, who is the client, and can the insurer block turning over the file?
The committee concluded that the lawyer being defended, not the insurance company paying the bill, is the client; so when that lawyer (now with new counsel) asks for the file, the insurer cannot direc…
Can a lawyer represent a party against a former client in unrelated litigation?
On the facts presented, the committee concluded that representing parties adverse to a former client in unrelated litigation does not violate RPC 1.7, because there was no present attorney-client rela…
Can a lawyer keep personal funds, such as proceeds from a personal real estate deal, in the client trust account?
No. The committee reaffirmed that under RPC 1.14(a), the trust account guidelines, and Informal Opinion 799, lawyers may not commingle personal funds, including funds from personal real estate transac…
If a lawyer is an unsecured creditor of a former client and knows of assets the client hid in bankruptcy, can the lawyer disclose them?
The committee concluded that assets a lawyer learned of during a representation and knows the former client did not disclose in bankruptcy are confidences or secrets, so RPC 1.6 and 3.3(a)(2) preclude…
Can a lawyer employ a nurse as a staff member to help the lawyer provide personal guardianship services?
The committee concluded that nothing in the Rules of Professional Conduct prohibits a lawyer from employing a nurse as a staff member to assist in providing personal guardianship service.
Can the lawyer for a deceased lawyer's estate assert an attorney's lien over a former client's files?
The committee concluded that if the attorney's lien is lawfully assertable on behalf of the estate, there is no ethical reason the estate's lawyer could not assert it; whether the lien statute is asse…
When a firm hired by an insurer to defend its insured under a reservation of rights also represents the insurer, what can it reveal to the insured about that relationship?
The committee concluded the firm must disclose to the insured any facts about its representation of the insurer that could cause a conflict, but it could make only a general disclosure of that represe…
If a bankruptcy client hides an inheritance and refuses to disclose it, must the lawyer reveal it to the court?
The committee concluded that RPC 1.6 makes the inheritance a client confidence, so under RPC 3.3(a)(2) the lawyer could not disclose it to the court where RPC 1.6 prohibits disclosure; but if the clie…
When lawyers in different firms split a fee in Washington, must they satisfy every requirement of RPC 1.5(e)(2)?
The committee read the semicolons in RPC 1.5(e)(2) to mean that compliance with all of the independent phrases is required when dividing fees between lawyers who are not in the same law firm.
Can a lawyer contact the former spouse of an opposing party for information when the marital privilege may cover their communications?
The committee concluded that because RCW 5.60.060 makes confidential spousal communications privileged even after a divorce, a lawyer's ethical obligations in contacting the former spouse are the same…
Can a lawyer own an escrow company with a non-lawyer, share office space with it, and let it refer customers to the law practice for related legal work?
The committee concluded that owning the escrow company and sharing space with the law office is proper, but that the escrow company may not refer its customers to the lawyer for related legal business…
If a lawyer's law partner is a part-time court commissioner who signed a dissolution decree, is a later enforcement or modification the same 'matter' under RPC 1.12?
The committee concluded that a part-time court commissioner's signing of a default or agreed dissolution decree is substantial participation in the matter as a judge, and that any post-decree action i…
When asserting an attorney's lien, can a Washington lawyer hold on to a client's papers if it would hurt the client's case?
No. The committee concluded that, even while asserting an attorney's lien, a lawyer may not retain a client's papers if doing so would prejudice the client's rights, because RPC 1.15(d) requires the l…
Can a law firm sell simple wills from a county-fair booth, and where can someone complain about how it was done?
The committee repeated its earlier conclusion (Informal Opinion 914) that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibits a law firm from selling simp…
Can an in-house lawyer who represents the company in a lawsuit also testify as a witness in that case?
The committee concluded that a corporation's house counsel who represents the corporation in litigation may not also testify as a witness in that litigation, which RPC 3.7 prohibits; a lawyer appearin…
If an insurer asks a lawyer to defend an employee who never contacted the lawyer, can the lawyer act for that employee?
The committee concluded that because the employee had had no contact with the lawyer and no attorney-client relationship had formed, the lawyer had no authority to act as the employee's lawyer and sho…
Can a law firm's shareholder agreement pay a departing lawyer less for their stock if they refuse to sign a non-compete?
The committee concluded that a proposed agreement making the buyout price of a departing shareholder's stock depend on signing a covenant not to compete is a restriction on the lawyer's right to pract…
If the lawyer probating an estate teams up with a lawyer who earlier represented a beneficiary, can either keep working on the estate?
On the limited facts, the committee concluded that where the attorney probating an estate became associated with a second attorney who had previously represented one of the adult beneficiaries in prot…
Can lawyers from different firms form an advertising association with a shared phone number that refers callers to its members for a fee?
The committee concluded that the proposed plan would violate RPC 7.2(c) because the member lawyers would be paying the association for recommending their services, and the association would not qualif…
Can a lawyer say 'escrow and real estate matters' on the letterhead, and can a two-lawyer firm call itself 'Doe and Associates'?
The committee concluded that putting 'escrow and real matters' on the sign, letterhead, and cards would imply the lawyer was a specialist and is prohibited by RPC 7.4, though the lawyer may state whet…
Can a lawyer advertise 'no recovery, no fee' or call the practice 'the firm that gets results'?
The committee found nothing improper in mailing a lawyer's advertisement with cable TV statements, but concluded 7-1 that 'no recovery -- no fee' is misleading, and 7-1 that 'the firm that gets result…
If a client disappears owing fees and the lawyer holds the client's money in trust, can the lawyer pay the fees from those funds?
The committee said the lawyer must make reasonable efforts to notify the missing client of the fee claim and of the intent to pay the fees from the client's trust funds, including trying to reach the …
Can a prosecutor's office collecting child support represent two parents seeking support from the same parent when there may not be enough money for both?
By a 9-0 vote, the committee concluded that the prosecutor's office could represent both claimants only if it reasonably believed the joint representation would not adversely affect either client and …
Can a lawyer tell the jury about a personal conviction that the lawyer's client should win?
The committee concluded that a lawyer cannot do indirectly what he may not do directly, and that RPC 3.4(f), effective September 1, 1985, prohibits a lawyer from conveying to the jury a personal convi…
Can a law firm run a booth at a county fair to sell simple wills?
The committee concluded that nothing in the Code of Professional Responsibility or the Rules of Professional Conduct prohibits a law firm from setting up a booth at a county fair for the purpose of se…
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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.