Advisory Opinion: 2177

Year Issued: 2008

RPC(s): RPC 1.15A (h)(3)

Subject: Withdrawing funds from client trust account upon billing client

I. QUESTION PRESENTED:

The inquiring attorney asks whether, with respect to hourly fee agreements, his practice of disbursing “funds from the clients trust account upon billing to the client for fees earned” is ethical under RPC 1.15A (h) (3). He states his practice is to withdraw the funds from his trust account at the time he sends his billing statement to the client. If a client disputes a charge after receipt and review of a billing statement, the attorney returns the disputed amounts to the trust account until the dispute is resolved.

II. BRIEF ANSWER:

The committee does not, as a matter of policy, comment on specific language. RPC 1.15A (h) (3), however, requires lawyers to give clients “reasonable notice” “through a billing statement or other document” of intent to withdraw earned fees from a trust account before making the withdrawal. To comply with RPC 1.15A, the lawyer should not withdraw fees from the trust account until his client has had sufficient time to review the billing statement and contact him with concerns.

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.