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 run a side business selling mutual funds, annuities, and insurance while continuing to practice law?
The committee said it would be difficult. A lawyer is bound by the Rules of Professional Conduct in any enterprise, including selling investments, and faces a serious risk of material limitation from …
Can a lawyer settle a personal injury claim when the client has disappeared and cannot be reached?
No. The committee concluded that a lawyer may not settle a client's claim without specific authority from the client. The lawyer should use due diligence to locate the client, and if the client remain…
Can an insurance-defense lawyer send billing records to the insurer's outside auditing company without breaching client confidentiality?
The committee did not give a categorical answer. It referred the lawyer to RPC 1.6 and the definitions of confidences and secrets, and said it could not determine in the abstract whether any specific …
Is it a conflict of interest for a government lawyer to prepare legal documents for a party who was aggrieved by an order the same lawyer obtained?
Yes. The committee concluded that a government lawyer's preparation of appellate documents for a party aggrieved by orders the lawyer had obtained violates RPC 1.7, and that under RPC 5.2 the lawyer m…
Should the Rules of Professional Conduct add a rule requiring lawyers to treat their clients with respect, deference, and dignity?
The committee concluded that the proposed rule was unnecessary. It reasoned that the rule would be difficult to enforce, subject to abuse, and would chill some necessary advice and client control, and…
Can a lawyer contact the opposing party directly when that party is represented by counsel?
No. The committee concluded that RPC 4.2 prohibited the inquiring lawyer from contacting the represented opposing party absent that party's counsel's consent or authorization by law. It declined to op…
Can a lawyer on inactive status remain 'of counsel' to a law firm?
The committee concluded no: identifying a lawyer as 'of counsel' implies a continuing professional relationship that necessarily involves some practice of law, which an inactive lawyer cannot do, so t…
Can a firm represent a lawyer who is opposing the firm's own client in an unrelated matter?
The committee concluded that a firm's representation of an attorney who is, personally or vicariously, representing a third party with interests directly adverse to the firm's defense client is possib…
Can a family-law lawyer also serve as counsel to a volunteer guardian ad litem program without a conflict?
The committee concluded that, given the lawyer's representation that the contract with the volunteer guardian ad litem program will preclude accepting private-practice matters involving the program or…
What should a lawyer do about a missing client when the statute of limitations is about to run?
The committee concluded that a lawyer who wants to withdraw from a missing client's tort case must first use due diligence to locate the client, citing RPC 1.2, 1.3, and 1.4. Where a missing client ha…
When a client's spouse pays the fees and later wants a refund, who controls the money and what stays in trust?
The committee concluded that the client, not the paying spouse, controls the funds: the $250 in costs must stay in the IOLTA trust account, while the $1,500 flat fee's trust status depends on whether …
Does a firm's paralegal volunteering at a legal-services clinic create conflicts of interest for the firm's lawyers?
The committee concluded there is no general conflict between lawyers who employ volunteering paralegals and all clinic clients. A conflict could arise only between a lawyer and a party adverse to the …
Can a head prosecutor require approval before a deputy files a bar complaint against another lawyer?
The committee concluded that an elected prosecutor may reasonably require that the prosecutor review all professional-misconduct complaints before they are filed with the WSBA, but that requiring the …
Do conflicts from a law-clerk or intern job follow a lawyer after admission, and can screening cure them?
The committee concluded that conflicts from clerk or intern work can follow the person into practice: RPC 5.3 makes nonlawyers subject to the rules through the firm's lawyers, and once admitted the la…
Can a criminal defense firm hire a nonlawyer assistant who previously worked at the prosecutor's office?
The committee concluded that, in general, the firm is not disqualified from accepting cases involving the County Prosecutor's office. It directed the lawyer to RPC 1.10(b)(3) if information the assist…
What should a lawyer do when a client refuses to accept settlement funds held in the lawyer's trust account?
The committee concluded that the disputed settlement funds should be held by the firm in an interest-bearing account under RPC 1.14 until the disbursement issue is resolved, and that the Rules of Prof…
Can a settlement agreement restrict the plaintiff's lawyer's right to practice or use of information in future cases?
The committee concluded that RPC 5.6(b) prohibits a settlement that restricts the plaintiff's attorney's right to practice, so the lawyer may not agree to represent the defendant or to forgo solicitin…
Can a law firm use a trade name like '[Field] Law Center' in Washington?
The committee concluded that the trade name '[field of practice] Law Center' does not violate RPC 7.5(a) if it is used in conjunction with a law practice of the nature described by the inquiring lawye…
Can a lawyer accept a referral fee from an investment firm for sending clients to it?
The committee concluded that an arrangement paying the lawyer a fee based on referred clients' investments may violate several rules, including RPC 1.6, 1.7(b), 1.8(a), 1.8(f), 1.8(h), and 2.1, and sa…
Is a lawyer required to report another lawyer's misconduct to the bar in Washington?
The committee declined to address the hypothetical, because it could only arise in pending litigation (on which the committee does not comment) and because it does not opine on the ethics of lawyers o…
Can a lawyer disclose that a former client who is a personal representative may be breaching fiduciary duties to the estate?
The committee concluded that RPC 1.6 prevents disclosure to the beneficiary unless the lawyer's belief that the personal representative intends to commit a crime or breach a fiduciary duty has a suffi…
Can outside IT staff maintain a law office computer network that holds client confidences without client consent?
The committee concluded that letting an outside agency's technical personnel access a shared network for maintenance is permissible under RPC 1.6 without client consent, as long as those personnel are…
Can a law firm use a trade name that includes its field of practice in Washington?
The committee concluded that the trade name 'All American [field of practice] Service' does not imply specialization but simply states an area of law the firm practices, and that this is consistent wi…
Can a lawyer send a self-published lawyer-liability newsletter to judges they appear before?
The committee concluded that sending the proposed newsletter to judges and justices should be allowed, assuming the lawyer is careful to comply with RPC 1.6 (confidentiality) and RPC 3.5 (ex parte com…
Must a lawyer disclose a prior relationship with the judge or court commissioner hearing the case?
The committee concluded the Rules of Professional Conduct do not address a lawyer's disclosure of a prior relationship with a judge or court commissioner. The issue is governed by the Code of Judicial…
Is there a conflict when a lawyer represents a city whose part-time mayor is an opposing lawyer in the lawyer's other cases?
The committee concluded it depends on whether the relationship adversely affects the lawyer's ability to represent both the city and the other clients. If it does not, there is no conflict under RPC 1…
Can a Washington lawyer advertise in a free community 'address book' mailed to households?
The committee concluded the proposed marketing program does not violate RPC 7.2 or 7.3, provided the advertisement is not false or misleading under RPC 7.1, the lawyer complies with RPC 7.2(b) and (d)…
Can a prosecutor bid on a public defender contract that begins after their term ends?
The committee concluded it is impermissible under RPC 1.7 for a prosecuting attorney to bid on a public defender contract, even one to take effect after the prosecutor's term of office has ended. It o…
Does a nonrefundable flat fee have to go in the client trust account in Washington?
The committee concluded that an advance fee deposit must be placed in trust, while a retainer paid to secure the lawyer's availability is earned at the time of receipt and is not. A nonrefundable fee …
Can independent lawyers share office space and support staff under a common lease in Washington?
The committee concluded the arrangement is not prohibited by the Rules of Professional Conduct, but lawyers who share staff must preserve each client's confidences and secrets under RPC 1.6, and all t…
Can a lawyer rent office space from a nonlawyer business owned by her spouse?
The committee concluded that the proposed arrangement of renting office space from the lawyer's husband's vocational rehabilitation firm satisfies RPC 1.6, 1.7, and 7.3, provided the lawyer takes the …
If someone calls wanting to hire you to sue an existing client, can you take the case or reveal what they told you?
The committee concluded that the lawyer is precluded by RPC 1.6(a) from disclosing the prospective client's paternity allegation, must decline to represent the prospective client in the paternity acti…
Can a lawyer give a third party a copy of an expert's deposition transcript that contains the client's confidences?
The committee concluded that a lawyer may not, without the client's consent, provide a copy of a deposition transcript to a third party not involved in the matter if the deposition contains the client…
Can a part-time city prosecutor also represent private criminal defendants in the same court?
The committee concluded that a part-time city prosecutor who also represents private criminal clients in the same courts has a conflict of interest, directed the inquirer to Formal Opinion 161, and st…
Can a lawyer set up a nationwide internet law firm with members in every state under a trade name?
The committee concluded that specific portions of the proposed nationwide Internet law firm are not in compliance with the RPCs, flagging problems with the firm's trade name (RPC 7.5), members in ever…
Can a lawyer share a contingent fee with another lawyer from a different firm who earlier handled the matter?
The committee concluded that the proposed fee sharing does not appear improper if the portion paid to the other lawyer is proportional to the services that lawyer provided to the estate, the client is…
Can a licensed lawyer own stock in a law firm professional services corporation without being an employee or a practicing shareholder?
The committee declined to answer the share-purchase question as a legal one, but stated that there do not appear to be any Rules of Professional Conduct that prohibit a duly licensed lawyer from ownin…
Can a legal-services program cap the hours a volunteer lawyer spends on a pro bono case and let the lawyer withdraw when the hours run out?
The committee concluded that a legal-services program's proposal to assign volunteer attorneys an average number of pro bono hours and to permit withdrawal once those hours are used, before the case i…
Can a lawyer charge earned fees to a client's credit card if the client authorized it in the engagement letter?
The committee concluded that a lawyer may charge legal fees and costs to a client's credit card sixty days after billing, where the client authorized the charge in the engagement letter, assuming the …
Can a lawyer advertise by posting fliers around a venue?
The committee concluded that because RPC 7.2 authorizes advertising through written communication and a flier is a written communication, posting fliers is authorized, subject to compliance with the b…
Can a lawyer put a non-legal certification like 'CFE' (Certified Franchise Executive) on advertising materials?
The committee concluded that using the 'CFE' designation, particularly without clarification, would seem to violate RPC 7.1(a) and 7.4 because it omits the facts necessary to keep the statement from b…
If a lawyer claims to represent the opposing party but won't confirm it in writing, can you contact that party directly?
The committee concluded that whether a lawyer must disclose representative capacity is a substantive agency-law question outside its charter, but that the failure to provide information clarifying the…
Does a lawyer have to use caller-ID blocking to protect a client's confidentiality when calling from the office?
The committee concluded that the rules do not require any particular use of caller ID or caller blocking, but that where a client wants the fact of representation kept secret, the lawyer must use a me…
If a potential adversary leaves a detailed voicemail seeking to hire you to sue your existing client, what are your duties?
The committee concluded that whether a client-lawyer relationship formed with the caller is a legal question it could not answer, but that if no relationship formed the lawyer's duty to the caller is …
Can a firm put an 'of counsel' lawyer's name in the firm name if that lawyer was never a partner or member?
The committee concluded that a lawyer may not join his or her name with a firm unless the mutual intention is for the lawyer to serve as a member or partner under RPC 7.5(d), and that because the inqu…
Can a lawyer who prepared a client's power of attorney also represent the attorney-in-fact in a transaction affecting the client?
The committee concluded that the lawyer may not represent the agents if their interests are adverse to the client and the representation would adversely affect the client, unless the client gave an ap…
Can a law firm convert its contingent-fee security interest in a client's real property into an ownership interest while the judgment is on appeal?
The committee concluded that the transaction may be undertaken without necessarily violating the rules, but the lawyer must comply with RPC 1.8(a) for each transaction and with RPC 1.5(c); RPC 1.8(j) …
Can lawyers who share an office and a receptionist each represent different family members injured in the same accident?
The committee concluded that office-sharing lawyers may represent different family members injured in a common accident, provided they disclose to their clients under RPC 1.7(b) any material facts sug…
Can a lawyer hire a paralegal firm to run a branch law office, pay it from case recoveries, and advertise with the paralegal's photo?
The committee concluded that paying a paralegal a share of recoveries is an improper division of fees under RPC 5.4(a), that depending on the supervision the arrangement could be unauthorized practice…
Can a lawyer charge a contingent fee to appeal the property-division part of a divorce decree?
The committee concluded that RPC 1.5(d)(1) prohibits a contingent fee for the appeal of the portion of a dissolution decree that challenges the trial court's property settlement award, and that the ru…
Can a lawyer who sits on a hospital foundation board represent clients in matters involving that hospital?
The committee concluded that under RPC 1.7(b) the lawyer's foundation-board responsibilities may materially limit the representation by making the lawyer less aggressive, so RPC 1.7(b)(2) becomes mand…
If a letter from opposing counsel contains a secret about another of that lawyer's clients, can you forward it to your own client?
The committee concluded that RPC 1.6 governs the duty to protect client confidences and secrets, that a client's identity is ordinarily not privileged, and that a lawyer who wants to forward opposing …
When a lawyer turns down or refers a case because of a conflict and does no further work, can that lawyer still share in the contingent fee?
The committee concluded that RPC 1.5(e), together with RPC 1.8, does not allow a referring lawyer who has a conflict and will not continue to participate to share in the accepting lawyer's contingent …
If a criminal-defense investigator is married to a county forensic investigator working the same case, can the defense investigator work on it?
The committee concluded that, drawing on RPC 1.8(i) by analogy and reading it with RPC 1.7(b), the supervising lawyer must make reasonable efforts to keep the nonlawyer investigator off any case the i…
If a lawyer drafted a client's will, can that lawyer or the lawyer's firm later serve as the estate's personal representative and also act as its attorney?
The committee concluded that the Rules of Professional Conduct do not expressly prohibit a lawyer (or the lawyer's firm) who serves as an estate's personal representative from also acting as attorney …
Can a lawyer who set up nothing for an LLC represent the majority members and the LLC against a minority member?
The committee concluded that because the attorney had not been involved in creating the LLC and had not represented any of the members, RPC 1.7(a) and 1.9 do not prohibit representing the majority mem…
Must a lawyer who sets up a foreign entity for a client's fund transfer investigate the source of the client's funds?
The committee said it could not determine from the facts whether the duty of competent representation under RPC 1.1 requires the lawyer to inquire into the client's source of funds or potential claims…
Can a lawyer give the Department of Corrections the names of inmates the lawyer has contacted?
The committee concluded that providing the names of contacted inmates to the Department of Corrections is prohibited by RPC 1.6, absent the express consent of the client or a court order compelling di…
Can a lawyer put a clause in a fee agreement making it binding on the client's heirs?
The committee concluded that the proposed language making the fee agreement binding on the client's heirs is contrary to RPC 1.7(b), 1.8(a), and 1.8(j), and noted that a lawyer whose client dies durin…
How does a lawyer withdraw from representing a client who has acted against the interests of the lawyer's other clients?
The committee said the question is not within its scope because it is not a specific ethics inquiry, but noted in general that RPC 1.15(b)(3), 1.15(b)(4), and 1.15(d) apply to concluding the relations…
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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.