Advisory Opinion: 994

Year Issued: 1986

RPC(s):

Subject: Use of client property in lawyer's possession to satisfy lawyer's judgment against client

The Committee considered your inquiry regarding the propriety of a lawyer selling client property in his possession and applying the funds against a judgment for fees. The Committee was of the opinion that you could not do so without client consent or other lawful authority permitting you to convert the value of that property to your own use. The Committee directed that I send you a copy of the enclosed proposed formal opinion which the Committee is submitting to the Board of Governors regarding attorney's liens.

Advisory Opinions are provided for the education of the Bar and reflect the opinion of the Committee on Professional Ethics (CPE) or its predecessors. Advisory Opinions are provided pursuant to the authorization granted by the Board of Governors, but are not individually approved by the Board and do not reflect the official position of the Bar association. Laws other than the Washington State Rules of Professional Conduct may apply to the inquiry. The Committee's answer does not include or opine about any other applicable law other than the meaning of the Rules of Professional Conduct.