Advisory Opinion: 1060

Year Issued: 1986

RPC(s): RPC 1.15

Subject: Attorney's lien on client's papers

The inquiry concerned whether a lawyer may condition return of his client's papers upon payment of his fee and if such a lien is extinguished in a Chapter 7 bankruptcy. The Committee was of the opinion that the question of whether a discharge in bankruptcy extinguishes an attorney's lien is a legal question which the Committee cannot answer. The Committee was further of the opinion that if the answer to the legal question were that the lien survives a discharge to the bankruptcy, then a lawyer may assert such a lien subject to the ethical obligations imposed by RPC 1.15.

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.