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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Does a Washington lawyer assist UPL just by knowing the opposing party is represented by someone not authorized to practice law?
No. Merely knowing that an adverse party's representative is engaged in UPL in a non-litigation matter does not by itself violate RPC 5.5(a) or 8.4(a); assisting requires affirmative help. But the law…
What must a Washington lawyer do when a client has limited English or another communication barrier?
The lawyer must make reasonable use of a qualified interpreter or translator to communicate effectively, protect client confidences when doing so, and obtain informed consent before using AI or machin…
Can a criminal defense lawyer file a motion to vacate a drug conviction (after State v. Blake) for a former defendant without a current attorney-client relationship or the person's consent?
No. The committee concluded that a lawyer must have a current attorney-client relationship and the client's informed consent to move to vacate a conviction; a lawyer may not act for someone without th…
What ethics duties must a Washington lawyer follow when using AI-enabled tools like ChatGPT in practice?
AI tools are permitted, but the lawyer remains responsible for the work and must satisfy the duties of competence, diligence, confidentiality, communication, candor, supervision, and reasonable fees. …
Can a Washington law firm make a departing lawyer pay a share of fees from client matters they take with them?
There is no definitive Washington answer. RPC 5.6(a) may not bar every such agreement, but the required fee division should bear a reasonable relationship to the firm's investment and remaining work; …
How must a Washington lawyer handle funds in the trust account that the client and a third party both claim?
The lawyer must promptly pay out the undisputed amounts, keep the disputed portion in trust until the dispute is resolved, investigate each claim preliminarily, and (if more than one claim is nonfrivo…
If a lawyer buys a retiring lawyer's whole practice, can the buyer keep the seller's name in the firm name?
No. Under Washington's Comment [10] to RPC 7.1, it is misleading to use the name of a lawyer who is not associated with the firm or a predecessor of the firm, so a purchaser may not keep the selling l…
Can a lawyer for a long-term care facility share a resident's information with a prospective guardian and later represent both the facility and the guardian?
A facility's lawyer may share resident information with a prospective guardian only if substantive law permits it and the lawyer's competence duty to the facility (including protecting the resident's …
Can a legal aid lawyer report anonymized client data to a funder, and what does RPC 1.6 require to prevent reidentification?
A lawyer may not rely on anonymization alone; reporting must be reasonably calculated to prevent reidentification, weighing the number of fields, the specificity requested, and the client population, …
When representation ends, which documents in the file must a Washington lawyer turn over to the client under RPC 1.16(d)?
The lawyer must surrender documents needed to protect the client's interests, including the client's documents, external communications, filings, transactional and corporate records, and substantive i…
When must a Washington lawyer disclose to clients that they lack minimum malpractice insurance under RPC 1.4(c)?
A lawyer without malpractice insurance at $100,000 per occurrence and $300,000 aggregate must give written notice and obtain consent at the outset of new representations; the rule is not retroactive, …
If opposing counsel copies their own client on an email, can a Washington lawyer hit reply-all and include that client?
Maybe. Reply-all to a represented client is permitted only if the represented client's lawyer gave consent, which can be implied from the facts and circumstances; copying one's own client does not by …
Can a lawyer serve as a mediator or other neutral in a divorce or family matter where one party is unrepresented and there may be a risk of domestic abuse?
Yes, subject to important considerations. The committee concluded a lawyer may act as a third-party neutral in a domestic relations matter with an unrepresented party even where domestic abuse may be …
When a criminal defendant misses a hearing because they are civilly committed in a hospital, can the defense lawyer tell the court about the commitment without violating confidentiality?
Qualified. The committee concluded that a defense lawyer may disclose a client's civil commitment only on a recognized basis: the client's express or implied informed consent under RPC 1.6(a), a court…
Can a Washington lawyer ghostwrite pleadings or motions for a self-represented party in state court without disclosing the lawyer's involvement?
Yes. Washington lawyers may ghostwrite for pro se parties in state court civil litigation under RPC 1.2(c), provided they comply with Civil Rule 11(b) and all other RPCs, including RPC 3.3; the opinio…
In a wrongful death case, can one lawyer represent the personal representative both individually and as fiduciary, and also represent the decedent's children who are statutory beneficiaries?
Qualified yes. The committee concluded a lawyer may represent the surviving spouse in both her individual and personal-representative capacities if she signs an informed RPC 1.7(b) waiver, and may als…
Can a lawyer who goes inactive or retires keep a trust account open just to receive and process a former client's settlement checks?
No. The committee concluded that an inactive lawyer may not own or operate a trust account to hold client funds, because only a lawyer authorized to practice may be a signatory on an RPC 1.15A account…
When a private attorney is hired as a special assistant attorney general to pursue L&I's third-party claim, is the injured worker also the attorney's client?
No. The committee concluded that under the standard L&I agreement, the Department, not the injured worker, is the sole client, because the worker assigned the claim to L&I; the attorney may not pursue…
After mediating a divorce between two unrepresented spouses, can the lawyer-mediator prepare the court pleadings that carry out their agreement?
Qualified. The committee concluded a lawyer-mediator may write up the parties' agreement and may fill in blanks on a pleading form as the parties direct, but may not draft customized pleadings for bot…
Can a lawyer communicate directly with a low-level government employee when the government agency is represented by counsel?
Yes, qualified. The committee concluded that under Washington's Wright v. Group Health rule, RPC 4.2 bars contact only with government employees who have managing or speaking authority to bind the age…
In insurance-defense or employer-paid representations, can the defense lawyer share the client's confidential information with a third-party administrator, broker, HR manager, or risk manager?
No, unless the lawyer's client gives informed consent. The committee concluded that even within the tripartite or quadripartite relationship, RPC 1.6(a) bars disclosing client confidential information…
When a lawyer leaves one firm for another, what must the lawyer and the old firm tell clients, how are files transferred, and may the lawyer contact old-firm clients?
The committee concluded that both the departing lawyer and the old firm must notify clients of the lawyer's departure under RPC 1.4(a)(3); the client decides whether the file stays, moves, or goes els…
How much can a lawyer tell the court about why they want to withdraw from a case without violating client confidentiality?
The committee concluded that a lawyer may always tell the court there is a basis for withdrawal under RPC 1.16, or that professional considerations require it, without revealing the specific reason; f…
Can a Washington lawyer run a virtual law office with no physical address, and practice remotely from another state?
Yes. There is no requirement to maintain a physical office, and a Washington lawyer may practice remotely from another jurisdiction if that jurisdiction allows it and the lawyer stays invisible as a l…
Can a lawyer have a process server contact a represented opposing party directly to arrange personal service of legal papers?
No, qualified. The committee concluded that the 'authorized by law' exception to RPC 4.2 lets a lawyer, or a process server the lawyer directs, communicate with a represented opposing party only as fa…
Can a Washington lawyer advise clients on state marijuana laws, help run a marijuana business, or use marijuana themselves when marijuana is still illegal under federal law?
Yes, qualified. Relying on Washington Comment [18] to RPC 1.2, the committee concluded a lawyer may advise and assist clients on I-502 and the Cannabis Patient Protection Act, run or invest in a marij…
Can a lawyer claim a profile on a rating or social-media site for lawyers, and can the lawyer trade endorsements with other lawyers?
A lawyer may claim a profile and post accurate information, but must check how the site's ratings work, must monitor and disclaim false ratings or endorsements where feasible, and may not give another…
Can a lawyer pay to participate in an online lead-generation service that sends the lawyer prospective clients' contact information?
Yes, qualified. A lawyer may pay a flat or per-lead fee to a lead-generation service only if the service matches lawyers and clients on disclosed, objective criteria and does not recommend, endorse, o…
Can a lawyer charge a contingent fee to help a will beneficiary recover more of the estate than she was told she would receive?
Yes, a reasonable contingent fee is permissible in a probate matter where the lawyer's work creates a genuine risk and recovery, here a percentage of any amount obtained above the $30,000 the executor…
Can a lawyer who learns a client is running a financial scam report the client to law enforcement, and must the lawyer do so?
The lawyer is not required to report a financial scam that does not threaten substantial bodily harm, but Washington RPC 1.6(b)(2) permits disclosure to prevent a client from committing any crime, lim…
Can a lawyer pay a non-profit bar association a percentage of the fee for referring clients, and does the referral-service exception allow it?
No. The committee concluded that paying a non-profit bar association a percentage of the fee is prohibited fee-sharing with a non-lawyer under RPC 5.4(a); RPC 7.2(b)(2)'s allowance for a referral serv…
When can a lawyer withdraw from an immigration case for nonpayment or a client's silence, and how much can the lawyer tell the court about why?
A lawyer may withdraw when a client stops communicating or fails to pay after reasonable warning, but RPC 1.6 limits what the lawyer may tell the court; a statement that professional considerations re…
Can the portion of a flat fee meant to cover specified costs (like a filing fee) be treated as the lawyer's property, or must it go in trust?
It must go in trust. An advance specified for expenses cannot be part of a flat fee that is the lawyer's property on receipt; it must be deposited in the lawyer's IOLTA account and kept there until th…
What must a lawyer do when a client's creditor serves a writ of garnishment on the lawyer's trust account holding the client's advance fee deposit?
If the client disputes the writ, the lawyer must hold the funds in trust under RPC 1.15A(g) until the court or the parties resolve the dispute; if the client does not dispute it, the lawyer must disbu…
Is a corporation's general counsel responsible for the ethical conduct of an in-house lawyer the company keeps outside the legal department and outside the GC's control?
No. Where the corporation places another in-house lawyer outside the legal department and refuses to subject that lawyer to the general counsel's control, RPC 5.1 imposes no supervisory duty on the ge…
Can a lawyer turn over client files and unredacted financial records to the state Department of Revenue during a tax audit without the client's consent?
No. RPC 1.6 obligates the lawyer to keep client files and unredacted client-related financial records confidential, even when the Department of Revenue demands them in an audit, absent the client's pe…
Must a lawyer warn a client who emails the lawyer from an employer-owned computer or account that the communications may not be private?
Yes. Once the lawyer believes there is a significant risk a third party will access the communications, the lawyer must warn a client using an employer-provided device or account that the employer may…
What are a lawyer's duties around metadata: protecting it when sending documents, handling it when received, and mining a scrubbed document for it?
A sending lawyer must act competently to scrub confidential metadata; a receiving lawyer who finds inadvertently disclosed metadata must notify the sender but may read it; and using forensic software …
Can a lawyer store confidential client files with a third-party cloud or online storage provider?
Yes. A lawyer may use third-party online data storage for confidential client files if the lawyer conducts reasonable due diligence on the provider and continues to monitor its security, to protect co…
Can a lawyer pass the credit-card processing fee on to the client when the client pays the lawyer by credit card?
The Rules of Professional Conduct do not prohibit it, provided the lawyer gives advance notice and charges no more than the actual transaction cost; but the lawyer's merchant-services agreement typica…
Can a lawyer use a debit card tied to the IOLTA trust account to pay a court filing fee electronically?
Yes, provided the lawyer never uses the card to withdraw cash, safeguards the card, confirms the client has sufficient funds for the charge and any transaction fee, and keeps records of every debit tr…
Can a lawyer take a security interest in a client's real property to secure payment of fees, including during a divorce case?
Yes. Under RPC 1.8(i) a lawyer may take a contractual security interest in a client's real property to secure fees; if the interest is added by modifying an existing fee agreement, the lawyer must als…
When an insurer asserts a PIP subrogation claim to settlement funds but the client tells the lawyer to pay only the client, what must the lawyer do with the money?
The committee concluded the lawyer must hold the disputed funds in trust or interplead them until the client-insurer dispute is resolved, because the insurer's specific, non-frivolous contractual clai…
Must a criminal defense lawyer give a former client a copy of redacted discovery from the file after sentencing, on request?
The lawyer must surrender the file a former client is entitled to under RPC 1.16(d), but for discovery materials that obligation is conditioned on first complying with the criminal-rule restrictions o…
Under a county public-defense contract, must the contract specify a fair and reasonable amount for investigation costs, including routine ones?
Yes. The committee, declining to assess past conduct or contract funding levels, concluded that RPC 1.8(m)(1)(ii) requires a public-defense contract to specifically designate a fair and reasonable amo…
Can a lawyer run advertising testimonials that state specific settlement or award dollar amounts, and is a disclaimer required?
Yes, if the former client consents, confidences are kept, and the ad is not misleading; a disclaimer is required only where one is needed to keep the advertisement from being misleading under RPC 7.1.
Can a lawyer tell discharged jurors after a verdict about evidence that was excluded at trial?
The committee concluded post-verdict disclosure of excluded evidence is not a per se violation; it violates RPC 3.5(c) only if the communication involves misrepresentation, coercion, duress, or harass…
Can a lawyer accept referrals from mortgage brokers and pay the broker for later services, or pay a marketer only for clients who actually retain the lawyer?
A lawyer may accept broker referrals, but the committee concluded the lawyer cannot pay the broker for post-referral services as a quid pro quo for the referral, nor pay any third party only for clien…
Can a lawyer share fees with, and pay for translation and paralegal work by, a foreign law consultant who refers non-English-speaking clients, and pay a referral fee?
The lawyer may accept FLC referrals and may pay the FLC for translation and paralegal work as a client-borne cost, and may share legal fees with the FLC for foreign-law work under RPC 1.5(e) and APR 1…
Can a lawyer represent one wholly owned subsidiary while being adverse to another subsidiary of the same parent company?
The committee concluded the answer is fact-dependent under RPC 1.7, 1.13, and ABA Formal Opinion 95-390, and that the inquiry did not present enough facts to decide, noting RPC 1.7(a)(2) may also appl…
Can a lawyer keep a 'non-refundable availability retainer' as the lawyer's own property if it credits the client future hours, and can hourly-rate work be called pro bono?
No. The committee concluded that a fee crediting future legal services is not a true retainer under RPC 1.5(f)(1), so it must go into trust under RPC 1.15A(c)(2); and labeling full-rate hourly work as…
Can a lawyer hold client trust funds in a CDARS certificate-of-deposit account that carries a withdrawal delay or early-withdrawal penalties?
No. The committee concluded that client trust funds must be capable of withdrawal without delay unless law or regulation requires it, and a client cannot consent to such a delay, so a CDARS account wi…
Do the lawyer conflict-of-interest rules apply to a lawyer acting as a hearing examiner rather than representing a client?
No. The committee concluded that a lawyer serving as a hearing officer is not representing a client, so the conflict-of-interest rules are not implicated, while expressing no opinion on other laws or …
Can defense counsel ethically let a client take an early plea offer that bars reviewing redacted discovery, and must counsel still investigate or share discovery?
The committee concluded counsel must competently explain the offer's scope and restrictions, including any limits on available information and the risk that seeking more discovery may withdraw the off…
When defense counsel must raise a criminal defendant's competency with the court, how much client information can the lawyer disclose under RPC 1.14 and 1.6?
The committee concluded that if counsel is legally obligated to raise competency, the lawyer must do so but should disclose only what is necessary, often just that a competency issue exists, withholdi…
Can a lawyer put a clause in the fee agreement saying that if a client never cashes a refund check from the trust account, the leftover funds become the lawyer's?
No. The committee concluded such a clause violates RPC 1.15A, 1.5, and 1.8; uncashed client funds must be treated as unclaimed property under RCW 63.29, and the rule is the same regardless of the amou…
Can a lawyer hire teenagers to leave Spanish-language legal-services flyers on doorsteps in a neighborhood without violating Washington's anti-solicitation rules?
The committee concluded that simply leaving a brochure on a porch, in a mailbox, or in a newspaper does not by itself violate RPC 7.3, but any direct in-person contact by the lawyer or the lawyer's ag…
Can a Washington lawyer pay or receive a fee from another lawyer purely for referring a client, where the referring lawyer does no work and takes no responsibility?
No. The committee concluded that paying or receiving a pure referral fee between lawyers is prohibited by RPC 7.2(b) and RPC 1.5(e), because it is not proportioned to services and involves no shared r…
When a client dies leaving a fee deposit in the lawyer's trust account, to whom does the lawyer pay it, what fees can be taken, and what can the lawyer reveal?
The committee concluded the lawyer must take reasonable steps to identify who is entitled to the funds and hold or interplead them if there is a dispute, may charge only reasonable fees that were unde…
Can public defender attorneys give their funding agency the names, case numbers, and outcomes of sealed dependency cases without violating client confidentiality?
The committee concluded that RPC 1.6(a) bars revealing dependency-case disposition information whose disclosure would be embarrassing or detrimental to the client, but that information not tied to a p…
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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.