Advisory Opinion: 1114

Year Issued: 1987

RPC(s): RPC 1.15(d)

Subject: Duties on withdrawal; providing discovery to criminal defendant when prohibited by court rule

The Committee considered your inquiry concerning a lawyer's obligation to provide papers and documents to a client under RPC 1.15(d) in light of CrR 4.7(h)(3) and (7) and which relate to the regulation of discovery. The Committee was of the opinion that under that rule, in light of the facts presented in your inquiry, a court order should be obtained directing the withdrawing lawyer to transfer the papers as requested by the client.

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.