Legal Ethics Opinions
Free state and local bar legal ethics opinions with plain-English summaries, full citations, and source links on every page.
No opinions match these filters
Try a different search term or clear the filters.
Can a lawyer participate in a group legal marketing program (Lawstar) that gives subscribers free or reduced-fee legal services?
The committee reviewed the inquiry about the Lawstar program and determined that its previous Opinion 1681, addressing such group legal marketing programs under RPC 7.2(c), continues to be valid.
Is it fee splitting for a lawyer to pay an independent paralegal a flat fee that is then billed to the client as a cost?
The committee concluded that paying an independent paralegal a flat fee as part of the compensation for case work is not prohibited fee splitting with a nonlawyer, provided the lawyer makes reasonable…
Can a prosecutor who was formerly a public defender prosecute a former client, and is the whole office disqualified?
The committee concluded a lawyer cannot prosecute a former client if the matters are substantially related or confidences were revealed; a screened reassignment to another lawyer in the office usually…
Can a lawyer employ a suspended lawyer as a paralegal, clerk, or assistant in the law office?
The committee concluded that a suspended lawyer is not allowed to serve as a paralegal, clerk, or assistant in law-related matters, citing RLD 1.1(h), RLD 8.2, and RCW 2.48.220.
Can a lawyer employed by a nonprofit give free estate-planning consultations to potential donors in exchange for a suggested donation to the nonprofit?
The committee concluded the arrangement violates RPC 7.2(c) because it creates the appearance that the nonprofit is recommending the lawyer, and it creates a conflict under RPC 1.7(a) between the nonp…
May a lawyer sign a settlement agreement that bars disclosure of the settlement's terms, conditions, or existence?
The committee concluded that a lawyer's signing such a confidentiality agreement does not, by itself, violate RPC 1.6, 1.7, or 8.4; it declined to comment on whether a lawyer may propose such an agree…
Can a personal trust services company collect a lawyer's fee before the lawyer meets the client and refer clients to lawyers who use the company's fee schedule?
The committee found ethical concerns: a trust company obtaining the fee agreement and collecting the fee before the lawyer meets the client implicates RPC 5.4(b), and referring clients to lawyers who …
Can a lawyer share fees with or associate with a nonlawyer who represents Social Security claimants?
The committee concluded the proposed arrangement is barred by the express, unambiguous language of RPC 5.4(a), 5.4(b), and 7.2(c), and that no exception applies even though nonlawyers may legally prac…
Can a lawyer-creditor tell the bankruptcy court that a former client hid property the lawyer learned of during the representation?
The committee concluded that, assuming the former client failed to list the property, the lawyer may advise the bankruptcy court of it under RPC 1.6(b)(2) to establish the lawyer's fee claim against t…
Can a lawyer defend misdemeanor clients in a municipal court while also serving as that city's prosecutor pro tem?
The committee concluded RPC 1.11 does not control; because the lawyer intermittently serves as the city's prosecutor, the city is a client, so RPC 1.7 governs, making defense of criminal clients in th…
After one partner retires, can the remaining solo lawyer keep using the two-name firm name?
The committee concluded a sole practitioner cannot continue using a two-name firm designation like 'X and Y, P.S.' because it suggests that more than one attorney is practicing in the firm.
Can a lawyer offer unbundled, limited-scope family law services and later take a new limited engagement from the same client?
The committee concluded that, assuming the original and subsequent agreements comply with RPC 1.2 and 1.5, RPC 1.8(a) does not apply to a separate, later, limited engagement of the same lawyer by the …
Can a lawyer advertise legal services in a folder an auto repair shop hands customers with their estimate or bill?
The committee concluded the rules do not prohibit advertising legal services in a brochure placed with an auto repair bid or bill, provided the ad complies with RPC 7.1, 7.2, and 7.3 and the shop's co…
Can a lawyer share office space with a nonlawyer organization and take referrals from it?
The committee concluded a lawyer may share office space with nonlawyers but must keep a completely separate and distinct office, prevent any misleading appearance of affiliation, and protect confident…
Can a lawyer's detailed bills be sent to an outside auditor without the client's consent?
The committee concluded that, on the facts presented and where the client has not consented, releasing detailed billing information to outside parties would be impermissible under RPC 1.4 and 1.6, app…
If a client's identity is confidential, can a lawyer disclose it to a prospective new firm running a conflicts check?
The committee concluded that, on the facts, the client's identity is a secret under RPC 1.6 whose disclosure would disadvantage the client under RPC 1.9, so the lawyer cannot disclose it to the prospe…
Can a lawyer prosecute a defendant for the city while also opposing that same defendant in a civil case?
The committee concluded that representing private parties while representing the city against those same parties does not comply with RPC 1.11, that affected independent judgment would violate RPC 1.7…
After a client sues for malpractice and waives privilege, can the lawyer voluntarily disclose the client's confidences to a third party to build a defense?
The committee concluded that voluntary disclosure to a third party under these circumstances would violate RPC 1.6(a), and RPC 8.4(a) bars the inquiring lawyer from disclosing it; formal discovery or …
Can a lawyer who mediated a matter also represent one of the parties, and can the mediator draft the settlement documents?
The committee concluded a lawyer may not both mediate and represent one party in the same proceeding under RPC 1.12(b), but a mediator may act as scrivener and prepare the mediation agreement and fina…
Can a fee agreement say the lawyer is automatically relieved of representation and may withdraw if the client does not pay?
The committee concluded the proposed fee-agreement language contemplates withdrawal in violation of RPC 1.15, 1.5, and 8.4 and does not comport with the rules.
Can a lawyer destroy or withhold court-proceeding tapes the trial court has lost, when they are needed for an appeal?
The committee declined to opine because litigation was pending or disciplinary action possible, but said the proposed course of destroying or refusing to provide the tapes would likely violate RPC 3.3…
What does a lawyer do with trust funds belonging to a client who has disappeared and left no forwarding address?
The committee concluded that RPC 1.3 and 1.14 govern, that the lawyer must act with reasonableness and due diligence to locate the client and resolve the trust funds, and that RCW 63.29 on unclaimed p…
Can a lawyer take a share of a nonlawyer estate planning firm's client fees for reviewing the firm's trusts?
The committee concluded the proposed fee split violates RPC 5.4(a) and may compromise the lawyer's independence under RPC 5.4(c), and that if the arrangement is the unauthorized practice of law the la…
Can a lawyer alternate between working for a prosecutor's office and a criminal defense firm?
The committee concluded the question is governed by RPC 1.11, with RPC 1.7 also applying, and that on the stated facts, where the lawyer avoids the rule's specific overlaps, the lawyer would appear to…
How are attorney's fees for workers' compensation representation regulated, and will the ethics committee opine on a proposed fee structure?
The committee concluded that attorney's fees in the industrial-insurance area are governed by statute (RCW 51.52.120 et seq.) and are a question of law it cannot resolve, opining only that lawyer's fe…
Does a lawyer have to supervise volunteer nonlawyers in the office the same way as paid staff?
The committee concluded that RPC 5.3 governs the supervision of nonlawyers, including untrained volunteers, and that the fact the assistants are volunteers rather than paid employees makes no differen…
Can a firm represent a corporation when the corporation's CEO is also a paid consultant to the firm?
The committee concluded the firm may represent the corporation if its consulting relationship with the CEO will not interfere with its independent judgment, with RPC 1.7(b) disclosure and a written wa…
Can a lawyer represent a husband in his divorce after having briefly represented his current wife in an unrelated earlier matter?
The committee concluded the lawyer will not violate the RPCs by representing the husband, that there is no conflict of interest requiring the wife's approval, and that the lawyer must keep confidentia…
Can a legal-services agency require a client to waive statutory attorney-fee claims as a condition of representation?
The committee concluded a legal-services agency may condition representation on waiving state or federal fee claims only if, in the lawyer's reasonable opinion, the waiver will not preclude competent …
Can a lawyer be 'of counsel' to more than one law firm at the same time?
The committee concluded there is no ethical prohibition on being of counsel to more than one firm, but it has implications under several rules, especially RPC 1.6 and 1.7, and the of-counsel lawyer is…
Can a lawyer represent a homeowners' association when the lawyer is close friends with the manager who may have a claim against a board member?
The committee concluded that RPC 1.7(b)(1) and (2) apply and that, on the facts presented, the lawyer's representation of the association board may be materially limited by the lawyer's relationship w…
Does the no-contact rule apply to a licensed lawyer working a non-legal government job who contacts represented claimants?
The committee concluded the RPCs apply to all licensed Washington lawyers, but RPC 4.2 bars contact with a represented party only when the lawyer is giving legal representation or advice; absent that,…
Can a plaintiff's lawyer sign a hold-harmless agreement, as a settlement condition, that pledges the lawyer's credit to repay the client's non-litigation expenses?
The committee concluded it is a violation of RPC 1.8(e) for an attorney to sign a hold-harmless agreement that pledges the attorney's credit to repay the client's non-litigation expenses, and that the…
When a law firm changes its name, does it have to tell its clients?
The committee concluded there is no general requirement to notify clients of a lawful firm-name change, but individual clients may need to be told if it could affect their case; any notice must comply…
Is a lawyer conflicted from suing an alleged harasser who once briefly discussed the allegations with the lawyer's then-partner?
The committee concluded there were insufficient facts to decide the conflict or whether an attorney-client relationship formed; the client's reasonable belief controls that question, and the lawyer ma…
Can a lawyer who left a firm represent a client against a corporation that was the firm's client while the lawyer was there?
The committee concluded that under RPC 1.9 the former corporate client's confidences are imputed to the departed lawyer whether or not the lawyer handled the work, so the lawyer cannot take a claim ag…
Can a lawyer join a preferred-provider program that takes a cut of the lawyer's discounted fees and bills the client?
The committee concluded that an attorney's participation in the proposed preferred-provider program does not meet the minimum standards of the Rules of Professional Conduct, pointing specifically to R…
Can a Washington lawyer advertise as a specialist, and where does someone report a lawyer who does so improperly?
The committee said RPC 7.4 does not authorize specialty advertising except in limited circumstances, and that complaints about other lawyers' conduct go to the Office of Disciplinary Counsel, not the …
After serving as a court-appointed guardian ad litem, can the same lawyer go on to represent the guardian or the estate in the matter?
The committee concluded that RPC 1.12(a) bars a former guardian ad litem, who acted as an adjudicative officer, from later serving as attorney for the estate, the guardian, or a personal representativ…
If a client assigns part of a settlement to a third party but later tells the lawyer not to pay, what does the lawyer do with the money?
The committee concluded that, where both the client and the third party assert good-faith positions, the lawyer is not obligated to pay either side and should hold the disputed funds in an interest-be…
Does a Washington lawyer have to tell opposing counsel the name of a material witness without a discovery request?
The committee concluded that, absent a formal discovery request or court requirement, the lawyer has no obligation to give the witness's name to opposing counsel, though RPC 1.4, 3.6, and 8.4(c) may a…
Can a Washington lawyer run an ancillary law-related business and refer clients to it?
The committee said there is no per se bar on a lawyer establishing a law-related business, but any referrals must strictly follow the RPCs, including RPC 1.6, 1.7, 1.8, 5.4, and 5.5, and the business …
Can a Washington lawyer join a property management business and advertise that a lawyer is part of the business?
The committee declined to decide whether the activity is the practice of law, but said that if it is, it would violate RPC 5.4(b) and potentially RPC 7.1(a)-(b) and 7.3(a), and flagged RPC 1.6, 1.7, 5…
Can a Washington lawyer put a clause in a fee agreement letting the lawyer stop all work if the client falls 30 days behind on fees?
The committee concluded the clause does not meet the minimum standards of the Rules of Professional Conduct; stopping work without a proper withdrawal violates RPC 1.3 and 1.15, and any withdrawal mus…
Who is the client of a court-appointed defense lawyer, and what happens when the defendant tells the lawyer to withdraw?
The committee concluded that appointed counsel represents the criminal defendant; if the client demands withdrawal, the lawyer must follow the court rules and seek the court's permission under RPC 1.1…
Can an in-house lawyer who left a company become general counsel to a consulting firm that serves that company's industry?
The committee concluded the move is barred only if the lawyer represents the consulting company in a substantially related matter materially adverse to the former employer; on the stated facts that lo…
Can a Washington lawyer give a fixed percentage of a gross fee directly to a charity?
The committee concluded that RPC 5.4(a) prohibits a lawyer from allocating 15% of a gross fee directly to a charitable organization.
Does a Washington lawyer in a divorce case have to report tax fraud by the client or by a non-client witness?
The committee concluded that the lawyer has no duty to report either a non-client witness or the lawyer's own client for tax fraud, and RPC 1.6 bars disclosure adverse to the client unless the client …
Must a Washington lawyer let an incarcerated appellate client review the appellate brief before it is filed?
The committee concluded that refusing a client's request to review the appellate brief before filing conflicts with RPC 1.2(a), 1.3, 1.4(a), and 6.2; the lawyer should seek a continuance and, only if …
Can a court-appointed guardian ad litem for a minor go on to represent that minor as her lawyer once she turns 18?
The committee said this conduct is prohibited: it violates RPC 1.15(a), 1.7(b), 1.3, 1.9, 3.4(c), and 8.4(d), may violate RPC 7.3, and may breach a fiduciary obligation under RPC 1.6.
Can a firm represent a client at trial when a former partner of the firm is likely to be a necessary witness?
The committee said RPC 3.7 does not prohibit the firm from representing the client, assuming the former partner remains not 'in the same firm' and will not rejoin before retirement, and assuming no ot…
Does a county bar's volunteer lawyer program face the conduct rules when it screens and refers indigent clients to volunteer attorneys?
The committee said that as long as the program only provides administrative services and all legal advice comes from independent lawyers who check their own conflicts, there is no RPC violation; if pr…
Can a lawyer run an advertisement with a factually accurate statement and a disclaimer?
The committee said that, to the extent the inquiry is about an advertisement containing a factually accurate statement with an appropriate disclaimer, such an advertisement would not necessarily viola…
Can a lawyer represent a trade association and one of its individual members at the same time?
The committee said there is a potential conflict of interest in representing both an individual member (the Current Distributor) and the Association, but the conflict may be waivable; whether the Succ…
Must a defense lawyer withdraw when former physician clients become the plaintiff's treating-physician witnesses?
The committee said the lawyer is not disqualified from continuing as defense counsel, assuming the lawyer will not violate RPC 1.6(a), 1.7(b), or 1.9(b) (and should also consider ABA Model Rule 1.9(c)…
When a client discharges a lawyer, must the lawyer return original documents even if a copy was provided?
The committee said that under RPC 1.15(d) an attorney cannot keep originals belonging to the client if doing so operates to the client's disadvantage and detriment; whether an attorney's lien is valid…
Can a lawyer file a malpractice claim for a client against the client's former lawyer, and does the lawyer have to report that lawyer?
The committee said filing malpractice allegations on a client's behalf against the client's former attorney would not violate RPC 1.8(j); the duty to report misconduct turns on RPC 8.3, consultation w…
Can a lawyer use a single telephone line for both a non-law business and the law practice?
The committee said using one telephone line for both a business and a law practice is not misleading in violation of RPC 7.1(a), but an attorney using a dual line should be mindful of RPC 1.6.
Can a lawyer who works as a criminal-court bailiff also appear as a private practitioner before other judges and commissioners?
The committee said that, absent specific conflicts and with appropriate consents and approvals from clients and opposing counsel, it does not violate the Rules for a county criminal-court bailiff to a…
Must a firm in a class action give a class member a copy of the entire file, and who pays for copying?
The committee, applying WSBA Formal Opinion 181, said the attorney must deliver the file to the client and pay the copying costs, unless a protective order is obtained from the court stating otherwise…
How these opinions are useful
- Understand the rules: Ethics opinions interpret how the rules of professional conduct apply to real fact patterns.
- Persuasive authority: Not binding like court discipline decisions, but state bar formal opinions carry substantial weight.
- Working guidance: The committee shows lawyers what the rule actually requires day to day (conflicts checks, fee letters, intake screens, withdrawal mechanics).
- Practice research: Cite ethics opinions in fee agreements, engagement letters, conflict waivers, and disqualification motions.