Advisory Opinion: 1969

Year Issued: 2002

RPC(s): RPC 1.15(d), RPC 1.13(b), Formal Opinion 181

Subject: Client property, client disability, client file

The inquiring lawyer asked what course of action should be taken about a request from a former client serving a prison sentence that the lawyer send to the former client a copy of an incriminating written statement made by the client several years ago. The committee opined that RPC 1.15(d) affirmatively requires the lawyer to “surrender papers and property to which the client is entitled” when representation is terminated. Unless, pursuant to RPC 1.13(b), the lawyer seeks the appointment of a guardian or there is other court protection because of the client’s disability, the lawyer has no authority to withhold the client’s own written statement. See Formal Opinion 181.

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.