Advisory Opinion: 1873

Year Issued: 1999

RPC(s): RPC 1.2; 1.15(b)(5); 1.15(b)(6)

Subject: Missing client; lawyer wishes to settle claim without client authorization; withdrawal

The inquiry concerned whether a lawyer, retained to represent a client in a personal injury action, may settle the client’s claim when the client has disappeared and the lawyer has no way of contacting him. If not, what are the lawyer’s obligations.

The lawyer may not settle the client’s claim without specific authority from the client. The lawyer should use due diligence to try to locate the client and, if the client remains missing, the lawyer may withdraw as the attorney of record per RPC 1.15(b)(5) and (6).

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.