Opinion 1864

I have been instructed by the Rules of Professional Conduct Committee to respond to your ethics inquiry #1864 concerning clients who fail to keep in contact with their attorney.

The Committee has reviewed your inquiry and determined that the following:

In regard to hypothetical number one [lawyer hired for tort claim; client does not respond to lawyer's calls and letters; client's whereabouts unknown; lawsuit not filed and statute of limitations will run in a year; lawyer wishes to withdraw], the attorney must use due diligence to locate the client prior to withdrawal. The inquirer is directed to RPC 1.2, 1.3 and 1.4. In regard to hypothetical number two [lawyer represents a wife in a claim for injuries in an automobile accident, where there is a potential for a cross-claim against client's husband if the lawyer sues the other party; lawyer has been unable to reach the client; letters are returned with no forwarding address, and the statute of limitations will run in 30 days] , the attorney should not file suit on behalf of the wife in the absence of her authorization. This situation may raise other legal issues. The committee does not issue opinions on matters involving legal questions.

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.