Opinion 1964

The inquirer represented a minor in a personal injury case resulting in a settlement and placement of the proceeds into a blocked bank account until the minor reached majority. The lawyer is the only account signatory. The child’s mother is not on the account but has recently requested account information. The lawyer suspects that the mother may want the money to use for her own purposes. The inquirer asks if disclosure of bank information to the mother violates an ethical duty owed to the child and if the lawyer has an ethical duty to report the suspicions to the court.

The committee’s response is limited by the fact that the committee may not opine on the prior conduct of a lawyer, and the fact that the committee has insufficient information to determine whether the child is the inquirer’s only client. As to the request for bank account information, RPC 1.4(a) requires that "a lawyer shall . . . promptly comply with reasonable requests for information" from the client. Typically lawyers communicate information to the guardian of a minor. Further, RPC 1.14(b)(3) requires that a lawyer shall maintain records of all funds, securities and other properties of a client coming into the possession of the lawyer and render appropriate accounts to his or her client regarding them. Since the inquirer is the only signatory on the minor’s bank account, there is no question that the information on this account is the property of a client that is in the possession of the inquiring lawyer.

As to the second question, RPC 1.13(b) states that if "a lawyer reasonably believes that the client cannot adequately act in the client’s own interests, a lawyer may seek the appointment of a guardian or take other protective action . . . ." The rules do not specifically address what that action may be. The funds in this case are in a blocked account, the information concerning which is accessible only by the inquiring lawyer. If, despite the fact that the account is blocked, the inquirer has a reasonable belief that the funds are not adequately protected, the inquirer may proceed under RPC 1.13(b).

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.