Opinion 2066

The inquirer asked the following: The inquiring lawyer had a client in jail. The lawyer was given $11,000 by the client’s father for the purpose of bail. These funds are still posted with the court. The lawyer asks if he may ethically assert an attorney’s lien on the funds. The lawyer advised the committee that there was no agreement between the father and the lawyer about the disposition of the bail funds.

The committee generally does not opine on questions of law and so it does not reach a conclusion as to whether or not an attorney’s lien may properly be asserted against the bail funds in this case. But it did opine that the false assertion of an attorney’s lien may be a violation of the Rules of Professional Conduct.

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.