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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After a dependency action against a father, can a lawyer keep representing both the father and his injured minor child on the child's injury claim?
The committee concluded that several conflict rules prohibit the lawyer from continuing to represent either the father or the minor child without a court order or written consent, and that the lawyer …
Can a lawyer represent a property owner facing condemnation when the lawyer's firm also has obligations to the condemning city?
The committee was of the opinion that, assuming the lawyer believes the representation would not be adversely affected by the firm's obligations to the city, the lawyer could represent the potential c…
Can a public defender office contract to appoint and pay outside conflict counsel from its own budget?
The committee was of the opinion that a contract requiring the public defender office to recognize conflicts and hire outside counsel from its budget raises conflict issues under RPC 1.7 and 1.9, and …
Can a lawyer enter an agreement with a union to refer its members for legal services?
The committee was of the opinion that, although such a union-referral agreement might on its face appear to violate RPC 7.3, the U.S. Supreme Court has held in a series of cases that such arrangements…
Can a law firm include nonlawyer staff in a profit-sharing plan based on a percentage of firm income?
The committee was of the opinion that a profit-sharing plan under which nonlawyer staff receive a percentage of income after monthly overhead and guarantees to partners is permitted by RPC 5.4(a)(3).
Can plaintiff's counsel communicate directly with an insurance adjuster after a lawyer has appeared for the insured?
The committee was of the opinion that RPC 4.2 would not prohibit plaintiff's counsel from communicating directly with an insurance adjuster unless that adjuster were independently represented by couns…
Can a law firm share fees with a lawyer who was later disbarred, including on contingent-fee cases?
The committee was of the opinion that anything legally earned by the disbarred lawyer before the date of suspension or disbarment, whichever came first, could properly be distributed, and that on cont…
Can a lawyer who once represented an insurer's insured later sue a different person insured by that same insurer?
The committee was of the opinion that if the lawyer never represented the insurer and holds no confidences or secrets about it, the Washington RPCs do not bar representing a client against a party it …
Can a legal services program accept third-party funding that bars it from raising certain claims, pursuing class actions, or appearing before legislatures, and what does it owe clients when funding is cut?
The committee was of the opinion that a legal services program must notify clients and seek to withdraw when funding cuts prevent competent representation, and that third-party funding restrictions ar…
Can a for-profit service solicit bids from law firms on behalf of its business clients?
The committee was of the opinion that a proposed for-profit service organization that would solicit bids from law firms on behalf of its business clients would violate RPC 7.2(c).
Can a lawyer collect on claims owned by a collection-agency client without running into the rule against fee splitting?
The committee was of the opinion that as long as it is clear the lawyer is collecting on claims owned by the client and the fee agreement complies with RPC 1.5, there is no fee-splitting problem and t…
What must a law firm do when it discovers a former shareholder or employee stole client funds?
The committee was of the opinion that under RPC 8.3(a) the firm should promptly report the misconduct (though the rule's 'should' makes reporting non-mandatory), and that under RPC 1.4(b) it had a dut…
Can a lawyer representing buyers in real estate deals be paid through real estate broker fees?
Based on the facts presented, the committee could find no violation of the Rules of Professional Conduct in the lawyer's proposed representation, while declining to opine on whether the lawyer needed …
Can a lawyer also work as an insurance broker?
The committee's published summary states that a lawyer may also engage in business as an insurance broker but must be careful to distinguish between the obligations of each profession.
Can a lawyer agree to have translators screen and refer clients and share the initial consultation fee?
The committee was of the opinion that the proposed agreement, under which two translators would screen clients, set an initial fee agreement, refer them to the lawyer, and share an initial consultatio…
Can a law firm represent clients adverse to a city when one of the firm's lawyers serves on the city council?
The committee was of the opinion that because there is no attorney-client relationship with the city council, RPC 1.7(a) does not apply, but RPC 1.7(b) always applies and may require client consent af…
Can a fee agreement tell the client the lawyer has the right to withdraw from the case at any time?
The committee was of the opinion that a clause stating the lawyer has the right to withdraw could be misleading and may not comply with RPC 1.15, because withdrawal may be subject to relevant law or c…
Can a lawyer pay a paralegal out of court-awarded attorney's fees without violating the rule against fee splitting with a nonlawyer?
The committee was of the opinion that the arrangement does not violate RPC 5.4(a) if the nonlawyer is paid on an hourly basis and not as a fractional or percentage share of the attorney's fees, and it…
Can a law firm whose lawyers all practice tax law call itself 'Tax Attorneys' on its letterhead and business cards?
The committee was of the opinion that the Rules of Professional Conduct do not prohibit a firm whose attorneys all practice tax law from using the words 'Tax Attorneys' in its communications, provided…
Can a law firm give the title 'principal' to an employee-lawyer who has no ownership interest in the firm?
The committee was of the opinion that there is nothing inherently wrong with using the term 'principal' this way and that it will not violate RPC 7.5(d), but it may have the capacity to mislead the pu…
Can a lawyer offer to represent someone for free at first and then ask for a retainer the next day?
The committee was of the opinion that, depending on the circumstances, the conduct may be permissible, but it is prohibited by RPC 7.3(a) if motivated by pecuniary gain, representation may be barred b…
Can a lawyer offer a service that just helps pro se divorce litigants fill out their court forms?
The committee was of the opinion that providing such a form-completion service is the practice of law and that the proposal is fraught with violations of the Rules of Professional Conduct.
Does a prosecutor have a conflict of interest when investigating a police officer the prosecutor works with?
The committee was of the opinion that the employment relationship alone does not create an attorney-client relationship, so there is no inherent conflict under RPC 1.7(a), but there is a potential con…
Does a lawyer have to tell a neighbor he is a lawyer when handling his own personal dispute?
The committee was of the opinion that the lawyer had no duty to disclose that he is a lawyer in the described circumstances, but noted that if asked directly whether he was a lawyer, he would have to …
Can a law firm hand out a fee-discount coupon to mark its anniversary, or donate to charity for each coupon redeemed?
The committee was of the opinion that a law firm may offer a coupon for $50 off legal fees to celebrate the firm's 25th anniversary, or may make a similar charitable contribution for each coupon redee…
Can a lawyer represent a client adverse to a client of a former firm if the lawyer never worked for that client?
The committee was of the opinion that, on the facts presented, where the lawyer did not personally work for the adverse client at the former firm and obtained no confidences or secrets, there would be…
Can a firm represent a client suing a school district that belongs to a risk pool the firm also represents?
The committee was of the opinion that the firm could represent both clients only if it complied with the requirements of RPC 1.7(a).
Can two lawyers form a professional service corporation under their joint names while otherwise practicing as separate sole practitioners?
The committee was of the opinion that such an arrangement is not an entity contemplated by RPC 7.5, and that it would be misleading and a violation of RPC 8.4 to hold the lawyers out as partners when …
Must a lawyer holding settlement proceeds pay the client's creditors after the client withdraws authorization to pay them?
No. The committee concluded that, absent a valid lien on the funds, it would be a violation to distribute the trust funds to creditors over the client's objection once the client withdrew authorizatio…
Can a lawyer licensed only in Washington use out-of-state association letterhead and represent out-of-state clients?
The committee said whether a Washington-only lawyer's out-of-state letters and letterhead constitute unauthorized practice is a legal question it cannot answer, but that the rules would permit represe…
Can a lawyer send client documents and confidences by fax without violating the duty of confidentiality?
The committee was of the opinion that using a facsimile machine is more like communicating by mail than by cordless telephone, so it can comply with RPC 1.6; the lawyer can take protective measures an…
Can a lawyer who sells insurance door-to-door take the people they meet as legal clients, and identify as an attorney while selling?
The committee was of the opinion that the lawyer cannot take the people met while selling insurance door-to-door as legal clients, and if the lawyer identifies as an attorney must fully disclose that …
Can a law firm pay a nonlawyer employee a percentage of the fees from clients they bring in, and have that employee solicit clients?
The committee was of the opinion that paying a nonlawyer a percentage bonus on the gross fees from clients he generated is improper fee splitting that violates RPC 5.4(a) and 7.2(c), and that having t…
Can a lawyer add Washington's business and occupation (B&O) tax to a client's bill as part of the fee?
The committee was of the opinion that a lawyer is prohibited from charging the B&O tax as part of the fee, because it is not a sales tax and presenting it that way would be misleading.
Can a lawyer attend a Chamber of Commerce networking breakfast where members introduce themselves and say what they do?
The committee was of the opinion that nothing in the rules prohibits attending such breakfast meetings, so long as the lawyer does not engage in in-person solicitation of group members, or let others …
Can a lawyer pay to be listed with a for-profit lawyer referral service that recommends a specific attorney to callers?
The committee was of the opinion that paying a for-profit referral service that recommends a specific attorney in exchange for a fee is prohibited by RPC 7.2(c), which permits only not-for-profit lawy…
What can a criminal defense lawyer tell a client about breaking the law, and what can the lawyer say to a victim or witness?
The committee was of the opinion that a defense lawyer must advise the client of the relevant law and, if the client contemplates illegal acts, of the legal consequences and against committing them; t…
When a statute changes, does a lawyer have to tell current and former clients about it?
The committee was of the opinion that a lawyer actively representing a client on a relevant matter must notify the client of a statutory amendment under RPC 1.1 and 1.4, that there is no such duty onc…
Can a lawyer practice law and also work as an insurance adjuster?
The committee was of the opinion that a lawyer can ethically maintain dual professions but the risk of violating the rules is high; the lawyer must preserve client confidences, disclose in what capaci…
Can a lawyer operate a single firm that offers both legal services and public accounting (CPA) services?
The committee was of the opinion that nothing in the rules prohibits a lawyer from operating a professional services corporation offering both legal and accounting services, but it was unlikely the la…
If a Washington lawyer associates with an out-of-state lawyer, can the Washington lawyer be disciplined for assisting the unauthorized practice of law?
The committee declined to define what counts as unauthorized practice (a legal question), but said that if the out-of-state lawyer's conduct is the unauthorized practice of law and a Washington-licens…
Does the conflict-imputation rule (RPC 1.10) still apply to a partner who is on a leave of absence from the firm?
The committee was of the opinion that RPC 1.10 applies, but whether the firm's leave-of-absence arrangement keeps the partner from being 'associated with' the firm is a question of law it could not an…
Can a divorce lawyer take a security interest in real property to secure the fee in a marriage dissolution case?
The committee was of the opinion that, because all property is at issue in a dissolution, taking an interest in the real property is taking an interest in the subject matter of litigation in violation…
Can a lawyer serve as part-time in-house counsel for more than one business at the same time?
The committee agreed that nothing in the RPCs prohibits a lawyer from serving as part-time in-house corporate counsel for more than one client, so long as communication of that status is not misleadin…
Does a Washington lawyer have to report an out-of-state attorney suspected of unauthorized practice, and can a Washington lawyer practice across state lines?
The committee said determining what is the unauthorized practice of law is outside its jurisdiction, that an attorney has no mandatory duty under RPC 8.3(a) to report another attorney's conduct, and t…
What rules apply when a Washington lawyer represents a client before a foreign government agency, and does the attorney-client privilege carry over?
Per the committee's summary, if appearing before the foreign agency is the practice of law the lawyer must comply with the RPCs; if it is not the practice of law, the lawyer must tell the client the r…
Can a lawyer team up with a nonlawyer-owned company to give legal advice to callers of a 1-900 pay-per-call number?
The committee was of the opinion that the arrangement violates RPC 5.4(a) and (b) and 7.2(c), and that the prerecorded advice raises serious competence and malpractice concerns under RPC 1.1, 1.2, 1.3…
Can a contingent-fee agreement charge a higher fee if the client turns down a settlement the lawyer considers reasonable?
The committee concluded that a contingent-fee contract may not base the fee on the larger of the trial or arbitration recovery or a rejected settlement offer when the client declines a settlement the …
Can a lawyer use a daily list of arrested persons to send them direct-mail letters offering legal services?
The committee was of the opinion that participating in a program that supplies a daily list of arrested persons, whom the lawyer then sends a letter offering services, does not violate the Rules of Pr…
Must a law firm turn over a former client's time and billing records to the new lawyers now representing that client?
The committee was of the opinion that the firm is not required to respond to a request for time or billing records unless the request is made by one of the firm's own former clients.
Can a lawyer take a security interest in property that is the subject of the litigation the lawyer is handling?
The committee was of the opinion that taking a security interest in a computer system that is the subject of the litigation would violate RPC 1.8(j).
Can a former government agency lawyer represent a private client in a matter the lawyer worked on while in government, and what consent is required?
The committee was of the opinion that RPC 1.11(a) applies and requires the agency's affirmative consent, which a cited criminal statute does not supply; the lawyer's current scope appeared covered by …
Can a lawyer release disputed trust funds to a client after telling the other side the funds would be held until the dispute is resolved?
The committee was of the opinion that, because the lawyer had previously told third parties the funds would stay in the trust account until the dispute was resolved, the lawyer cannot now return them …
After filing an appearance for two clients, then discovering a conflict between them, can a lawyer withdraw from one and keep representing the other?
The committee was of the opinion that because the lawyer filed a Notice of Appearance for both clients, the client the lawyer withdraws from becomes a former client, so the lawyer must satisfy RPC 1.9…
Can a lawyer take assignments through a for-profit temporary employment agency that markets the lawyer's availability and is paid by the employer?
The committee answered by referring to and adopting only the part of ABA Formal Opinion 356 (1988) that addresses the specific arrangement described, with the caveat that Washington's conflict-of-inte…
Can a non-client who paid a retainer for a client's benefit get back the unused portion of that retainer?
The committee was of the opinion that the non-client payor is entitled to a refund of the unused retainer, because the trust funds remain the payor's property until earned by the lawyer and the facts …
If a deputy prosecutor is engaged to a city police officer, must the whole prosecutor's office be disqualified from cases the officer is involved in?
The committee was of the opinion that there is no vicarious disqualification of other deputy prosecutors unless their independent judgment is tainted under RPC 1.7(b).
Can a lawyer market a spouse's business to the lawyer's own clients, for example by posting ads in the office or steering clients to buy products?
The committee declined to address every scenario but concluded that, as a general rule, the lawyer must comply with RPC 1.8(a) and 1.7(b) for current clients because the lawyer has a pecuniary interes…
Can a contingent-fee agreement set the fee on the greater of the trial recovery or a settlement offer the client rejected against the firm's advice?
The committee was of the opinion that the proposed provision, basing the fee on the greater of the trial recovery or a settlement the client rejected against the firm's advice, infringes RPC 1.2(a), w…
Can a law firm keep a deceased partner's name in the firm name, and can it keep the name of a partner who has left the firm?
The committee was of the opinion that under RPC 7.5(a) a firm may use a deceased attorney's name in the firm name, but may not continue using the name of an attorney who has left the firm.
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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.