Opinion 1899

The inquirer posed the following situation: A lawyer who has entered into an attorney-client relationship with a personal injury client lost contact with the client before a compliant was filed and before receiving instructions on whether to file a complaint. The inquiring lawyer wonders what his obligation may be to file an action before the statute of limitations runs.

Whether or not it is appropriate under the Rules of Professional Conduct for you to file suit depends upon the scope of your representation. See RPC 1.2. The scope of representation may be influenced by any fee agreement and the nature of prior communications with the client. The question of whether filing suit is or was implicit or express depends upon the totality of the communications between the lawyer and the client. Whether refraining from or commencing suit without further direction from the client would violate the Rules of Professional Conduct turns on whether the lawyer can articulate a good faith belief that he was authorized to file suit or refrain from filing. In considering the scope of representation, review of RPC 1.4(b) is warranted. Based upon the nature and extent of the lawyer’s contacts with his client, consideration of RPC 1.13(b) may be warranted. See also RPC 3.1.

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.