Committee on Professional Ethics

Updated: June 3, 2019

Committee on Professional Ethics

The Committee on Professional Ethics (CPE) issues advisory opinions to address recurring or emerging ethics issues facing WSBA members. The advisory opinions cover a broader context and provide in-depth guidance on the Rules of Professional Conduct (RPC) as applied to a wide variety of practice areas. Advisory opinions issued by the committee are published online.

Bar members seeking an advisory opinion from the CPE should direct their request to the staff liaison or the chair. See contact information listed below. If the request is accepted by the committee, a lengthy review process generally follows before a final opinion or other recommendation is issued. Those seeking a more immediate response should contact the Bar's Ethics Line.

The committee also plays a key role in reviewing and suggesting amendments to the RPC.

Recent Advisory Opinions

In August 2018, the CPE issued an advisory opinion regarding communication with represented government employees. Read Advisory Opinion 201803.

In July 2018, the CPE issued an advisory opinion concerning quadripartite and tripartite relationships and client confidentiality. Read Advisory Opinion 201802.

In April 2018, the CPE issued an advisory opinion on lawyers moving from firm to firm. Read Advisory Opinion 201801.

In July 2017, the CPE issued an advisory opinion addressing the disclosure of confidential client information in the context of a motion to withdraw in Washington Superior Court. Read Advisory Opinion 201701.

More advisory opinions can be found on the Ethics Advisory Opinions database.

Proposed Draft Advisory Opinion

Over the past two years, a subcommittee of the CPE has been reviewing Advisory Opinion 2223 (lawyer-mediators preparing legal documents for unrepresented parties).

On Feb. 22, 2019, the CPE held a 90-minute conversation with stakeholders at its regular meetingto exchange viewpoints on a proposed draft advisory opinion to replace the current opinion. The discussion covered stakeholder comments and viewpoints the committee had received from September 2018 to Jan. 15, 2019.

Earlier, the subcommittee held special public meeting on May 9, 2017 to hear comments from stakeholders on the current opinion.

Proposed Amendments to Rules of Professional Conduct

On Nov. 9, 2018, the Washington Supreme Court ordered publication on Dec. 4, 2018, suggested amendments to RPC 5.5, 7.1, 7.2, 7.3 ,7.4, and 7.5. for comment. The comment period expires on April 30, 2019. See the Court's website for more information.

On November 2017, the Washington Supreme Court published for comment suggested amendments to 4.2. The comment period expired April 30, 2018. On May 7, 2019, the Court declined to adopt the proposed amendment.

Adopted Amendments to Rules of Professional Conduct

On May 1, 2019, the Washington Supreme Court adopted amendments to RPC 1.0B, 1.17, 4.3, 5.8, and 8.1, effective June 4, 2019. See Order 25700-A-1258 .

On Nov. 1, 2018, the Washington Supreme Court adopted an amendment to RPC 1.12, effective Nov. 20, 2018. The only change was to Comment 1 which was updated with the current CJC citation.

On Sept. 5, 2018, the Court adopted amendments to RPC 1.2 and RPC 8.4 addressing lawyer conduct under Washington's marijuana laws, effective Sept. 25, 2018.

On Dec. 6, 2017, the Court adopted amendments to RPC 1.0A, 1.10, and 1.11, effective Sept. 1, 2018.

On June 7, 2018, the Court adopted the following amendments to the Rules of Professional Conduct, effective Sept. 1, 2018.