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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Do the ethics rules apply to a government lawyer in a job that does not require a law license, and what governs when a matter cannot be pursued in good faith?
Yes. The committee concluded the RPCs apply to all Washington-licensed lawyers regardless of how the employer characterizes the position; RPC 3.1 governs the lawyer's responsibilities when a matter ca…
Does Washington RPC 7.4 require board-certification disclaimers on a lawyer's business cards and letterhead?
Yes. The committee concluded that RPC 7.4 applies to business cards and letterhead, and that stating board certification there without the disclaimers RPC 7.4(b) mandates would violate RPC 7.1(a), 7.4…
Can a lawyer's website link to other sites and use search-engine keywords, and what records must the lawyer keep?
Yes. The committee concluded that a lawyer's website may link to other sites providing educational or practice-related information if it carries the disclaimer described and complies with RPC 7.1 and …
Can a lawyer who did collections and eviction work for a hospital later sue that hospital for malpractice on behalf of a new client?
Yes, if the matters are not substantially related. Assuming a former attorney-client relationship with the hospital, the committee concluded RPC 1.7 and 1.8 did not apply (the hospital was not a curre…
Can a lawyer mail advertising brochures to a recently incarcerated person?
Yes. The committee concluded that the rules do not prohibit a lawyer from soliciting a prospective client by mailing truthful, non-misleading advertisements, even to a recently incarcerated individual…
Can a lawyer advertise under a name different from the one they are licensed under?
No. The committee concluded that advertising under a name other than the lawyer's licensed name (here, adding a maternal surname) is false and inherently misleading in violation of RPC 7.1(a) and 7.5(…
Can a lawyer bill costs as a flat percentage of the fee instead of itemizing them?
Yes. The committee concluded that a lawyer may add a flat percentage to a client's bill (for example, 2% or 3%) in lieu of itemizing costs such as long-distance calls, postage, copying, and faxes, if …
Can a lawyer pay administrative fees to a for-profit lawyer referral service in Washington?
No. The committee concluded that, unlike a not-for-profit referral service, RPC 7.2(c) bars a lawyer from an agreement with a for-profit lawyer referral service that requires the lawyer to pay the ser…
When a lawyer is suspended or disbarred, can the firm keep using that lawyer's name in its firm name, letterhead, ads, or phone greeting?
The committee concluded that continuing to use a suspended or disbarred lawyer's name in the firm name, letterhead, correspondence, advertisements, contracts, phone and email communications, brochures…
Can a lawyer contact a former client, now represented by new counsel, to warn about the new lawyer's possible malpractice?
No. The committee concluded that, absent authorization by law, a lawyer may not make unilateral contact with a former client now represented by new counsel about the subject of the new representation;…
Can in-house counsel in Washington enter an agreement prospectively limiting their malpractice liability to the employer-client?
No. The committee concluded that RPC 1.8(h) applies to in-house counsel practicing in Washington under APR 8(f), that an attorney-client relationship exists in that setting, and that the prospective l…
Does a lawyer owe confidentiality to a caller who sought help, and must the lawyer report the caller's immigration status?
The committee said whether RPC 1.6(a) confidentiality applied depended on whether an attorney-client relationship existed, a fact question with subjective and objective components it could not resolve…
Can a lawyer who co-owns a construction consulting firm steer the firm's clients to his law practice and use his consulting partner as an expert witness?
No. The committee concluded that using the consulting business to refer legal clients to the law practice, or the law practice to feed the consulting business (including using the consulting partner a…
Can a lawyer co-own a nonlawyer-owned .com company that markets the firm's legal services online?
The committee identified multiple prohibitions: sharing fees with a nonlawyer is forbidden by RPC 5.4(a) and practicing law with nonlawyers by RPC 5.4(b); a nonlawyer directing the lawyer's judgment i…
Can a lawyer advance litigation costs for an indigent client who probably cannot repay them?
Yes. The committee concluded that the rules do not prohibit a lawyer from advancing costs for a pro bono client, even where repayment is unlikely, so long as the lawyer complies with RPC 1.8(e), under…
Can a dually licensed lawyer advise a client to buy life insurance and then sell that insurance to the client?
No. The committee concluded that a lawyer may not both advise a client about the need for insurance and sell the client that insurance, or take any commission on the purchase; that is a conflict under…
Can a lawyer defend insurance-pool members when a corporate pool administrator pays the lawyer's fees?
Yes, with conditions. The committee concluded that third-party payment by the pool administrator does not bar the defense, but the lawyer must tell each pool member of the assignment and the payer and…
Can a lawyer use client testimonials in advertising in Washington?
The committee concluded that client testimonials may be acceptable if they comply with RPC 7.1 and include an appropriate disclaimer that reasonably lets the reader understand past performance does no…
Does a government lawyer have a conflict of interest when their spouse works for the same agency the lawyer represents?
Not automatically. The committee concluded that a lawyer and a spouse working for the same employer, where the spouse may be involved in the matter, does not by itself create a conflict; only if some …
Can a law firm hire out its nonlawyer IT staff to other law firms for profit?
Yes. The committee concluded that a firm could provide its nonlawyer computer and IT employees to other firms for profit, provided it complies with RPC 5.4(a) and (b), 5.3, and 1.8(a), and puts measur…
What are a lawyer's duties when a client stops staying in contact or disappears?
The committee concluded that the lawyer may not settle the client's claim without specific authority from the client, should use due diligence to try to locate the client, and, if the client remains m…
Can a practicing lawyer also be employed as a police officer?
Yes. The committee concluded that the Rules of Professional Conduct do not preclude a lawyer from dual employment, and a lawyer may practice law while employed in another occupation, with care taken s…
May a lawyer be listed by name on the public website of an organization made up of lawyers and nonlawyers?
Yes. The committee concluded that a membership listing identifying the lawyers is advertising generally permitted by the rules, subject to each lawyer's duty of truthfulness, RPC 5.4's bar on fee-shar…
Does a lawyer's website that lets clients generate estate planning documents online satisfy the duty to protect client confidences?
The committee said the described safeguards (individual passwords and encryption) appeared to be appropriate steps under the circumstances, but that whether the specific software was adequate under RP…
Can an insurance company's staff lawyer deposit money recovered for an insured client into a corporate account instead of a trust account?
No. The committee concluded that subrogation recoveries collected for the insured are client funds that must go into an identifiable interest-bearing trust account, not the insurer's corporate account…
Can a lawyer charge a fee in a collection case that is partly a fixed amount and partly contingent on the recovery?
The committee concluded that a part-fixed, part-contingent fee is permitted in a collection matter under RPC 1.5 and RPC 1.8(j)(2). Whether the arrangement must be disclosed to a court depends on that…
When can a lawyer claim part of a former client's later settlement, and what must the client's current lawyer tell the client about that adverse claim?
The committee said whether a former attorney can recover a portion of a former client's later class action settlement depends on a fact-specific analysis of the original fee agreement and accounting, …
Can out-of-state lawyers establish a Washington law practice with a Washington lawyer, and how must the firm name and advertising handle their non-admission?
The committee concluded that the Rules do not preclude a Washington lawyer from joining a multistate firm, but RPC 5.5 bars assisting non-members in the unauthorized practice of law in Washington and …
Can a Washington lawyer agree that a client repays advanced litigation costs only if the case is won?
The committee concluded that the proposed agreement would violate RPC 1.8(e). A lawyer may advance the expenses of litigation, but may not make repayment of those advances contingent on the outcome of…
Does a full-time court bailiff who is also a lawyer create a conflict of interest by doing pro bono work for claimants before a federal agency?
The committee concluded that, on the facts presented, a full-time lawyer-bailiff's pro bono representation of claimants in matters heard exclusively by federal agencies and courts does not create a co…
Can a lawyer pay a client's treating physician to testify at trial as a fact witness rather than an expert?
The committee concluded it is not unethical to pay a treating physician testifying as a fact witness the reasonable expenses of testifying and the reasonable value of the witness's time. A lawyer may …
Can a lawyer file an IRS Form 1099 reporting settlement money disbursed to a client without violating client confidentiality?
The committee concluded that RPC 1.6 does not prohibit filing a Form 1099 reporting money disbursed to a client, unless the client asked the lawyer to keep the client's identity confidential or asked …
Can a lawyer who investigated a liability claim for a reinsurer later represent a third party against the insured in an unrelated matter without the insured's consent?
The committee concluded the Rules did not prevent the representation, assuming the lawyer learned no confidential information from the insured that would benefit the new client or harm the insured. Be…
If a capital defendant insists on pleading guilty and being sentenced to death, what are defense counsel's duties when counsel doubts the client's competence?
The committee concluded the lawyer must abide by the client's decisions under RPC 1.2(a) and maintain a normal relationship under RPC 1.13(a); if the client cannot adequately act in his own interest, …
Does a lawyer's website advertising qualifications and experience have to comply with the lawyer advertising rules?
Yes. The committee concluded that the contents of a website posted by a lawyer or law firm must comply with RPC 7.1, and that the lawyer must maintain a copy of the website and the changes made to it …
Can a lawyer run two offices, one under the lawyer's own name and one under a trade name?
The committee concluded that nothing prohibits a lawyer from having a law office and another business office, but that operating both creates significant potential for conflicts of interest in violati…
Is an 'of counsel' lawyer treated as a member of the firm for fee-splitting under RPC 1.5(e)?
The committee concluded that to use the 'of counsel' designation a lawyer must have a regular, frequent, and continuing relationship with the firm such that the lawyer is in fact a member; if so, a fe…
Can a Washington lawyer charge a contingent fee to divide property of two people who lived together but were never married?
The committee concluded that RPC 1.5(d), which bars contingent fees in certain domestic relations matters, does not prohibit a contingent fee in a property dispute between parties who were never marri…
Can a law firm keep a suspended or disbarred lawyer's name in the firm name and communications?
No. Adopted as Formal Opinion 196, the opinion concluded that using a suspended or disbarred attorney's name in a firm's name or business communications is prohibited as false or misleading under RPC …
Can an insurance-defense lawyer send detailed bills describing the defense to the insurer or its outside auditor without the insured client's consent?
The committee concluded that defense counsel may not disclose confidential client information in detailed bills to the insurer or its outside auditor without the insured's informed consent, and that a…
When a lawyer loses contact with a personal injury client before filing, must the lawyer file suit before the statute of limitations runs?
The committee concluded the answer depends on the scope of the representation (RPC 1.2), as shaped by the fee agreement and prior communications. Whether filing or refraining without further direction…
Can a lawyer who is a trustee act as his own advocate in litigation involving the trust?
The committee did not resolve the question on the merits. Assuming the lawyer is the true party in interest in the pending litigation under applicable trust law, it referred the lawyer to Formal Opini…
Can a lawyer pay personal injury settlement funds directly to the client when there are known unpaid medical bills or liens?
The committee did not give legal advice on the pending matter, but said the inquiring lawyer's reference to and reliance on RPC 1.14(b)(4) and Formal Opinion 185 were well founded. It expressed no opi…
Can a legal services agency cap the number of hours a lawyer spends on a pro bono representation?
The committee concluded that the proposal may still violate RPC 1.1, 1.15, and 1.2, consistent with its prior inquiry 1827, and encouraged the inquirer to contact the WSBA Access to Justice Committee …
Can a state child-support agency lawyer draft the basis for a parent's appeal of a support determination the agency obtained?
No. The committee concluded that a DSHS Division of Child Support lawyer's preparation of appellate documents for an aggrieved parent is a violation of RPC 1.7, and that under RPC 5.2 the lawyer must …
Can a criminal-defense lawyer advertise in the Yellow Pages that investigative services are available?
Yes. The committee concluded that nothing in the Rules prohibits the lawyer from stating in a Yellow Pages advertisement that investigative services are available, provided the statement is accurate a…
Can a lawyer retained and paid by a sales agent represent investors who may have claims against that same sales agent?
The committee concluded the fact pattern demonstrates the potential for non-waivable conflicts of interest under RPC 1.7 and 1.8, noted possible unfulfilled fee-agreement obligations under RPC 1.5, an…
Can a prepaid-plan lawyer make an unsolicited call to a potential client to discuss the answers they gave on a legal-needs questionnaire?
No. The committee concluded that using questionnaire or survey information from a website to make an unsolicited call to a potential client to discuss the person's answers about legal issues and the n…
Can a government lawyer argue to a court that another lawyer's assignment is ethical, in response to that lawyer's ethics-based objection?
Yes. The committee concluded that a lawyer may raise and argue ethical issues to a tribunal, and that doing so is not a violation of RPC 8.4(a).
Can a lawyer disclose the client's fee agreement to the client's subrogated insurer, and must a side agreement reducing the fee be disclosed?
The committee concluded the fee agreement is generally not a confidence or secret, and even if it were, disclosure seems necessary to maximize the client's recovery; the lawyer may disclose it but wou…
Can a lawyer represent an injured plaintiff when the defendant is insured by an insurance company the lawyer's firm represents?
Not without satisfying the conflict rules. The committee concluded the lawyer is prohibited unless RPC 1.7(a), and possibly 1.7(b), is satisfied: the lawyer must believe the new case will not affect t…
When a lawyer cancels a trip for one client's case to handle an emergency for another, who pays for the nonrefundable ticket?
The committee concluded that neither client is automatically responsible. Under RPC 1.5 a cost must be reasonable and related to the work for that client; the second client was not responsible because…
Can a lawyer mail advertising letters to people listed on a court docket?
Yes, within the advertising rules. The committee concluded that RPC 7.3(b) permits a lawyer to communicate in writing with prospective clients unless the prospective client has made known a wish not t…
Can a lawyer provide free estate-planning services to an organization's members when the organization suggests members leave it a bequest?
Yes, with conditions. The committee concluded the lawyer may provide the free services, but any donation a client makes to the organization must be totally voluntary; the lawyer must protect independe…
Can a former contract public defender become the city attorney in the same jurisdiction?
The committee concluded that as long as the attorney complies with RPC 1.9 and 1.8, the attorney may appropriately act as interim and full-time city attorney. It said the attorney's separate role as a…
Can a part-time deputy prosecutor also serve as a part-time municipal court judge in the same county?
The committee concluded that nothing in the Rules of Professional Conduct bars a county deputy prosecutor from also serving as a part-time judge in an unrelated jurisdiction. It assumed the municipal …
Can a lawyer form a partnership with nonlawyers to market and sell legal forms?
The committee concluded that a Washington lawyer does not appear to violate RPC 5.4(b) by participating in a partnership with nonlawyers that markets and sells legal forms, provided the partnership do…
Can a lawyer pay a non-testifying consultant partly on a contingent-fee basis without violating the ban on fee-splitting with nonlawyers?
Yes, with conditions. The committee concluded that paying a non-testifying forensic consultant an hourly rate, part of which is contingent on success, does not violate the prohibition on sharing legal…
Can a lawyer distribute brochures about legal services to the public and in chiropractors' offices without it being improper solicitation?
Yes. The committee concluded the conduct does not violate the Rules: the brochure was not false or misleading (RPC 7.1), the lawyer gave nothing of value to the chiropractors (RPC 7.2), the brochure c…
Can government lawyers ethically threaten a 'sick out' or a strike as a labor action?
The committee took no position on labor law. It directed lawyers to the candor rules for a 'sick out' (falsely reporting illness), concluding labor-law rights do not preempt the duty of candor, and to…
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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.