Opinion 1066

At your request, the Committee reviewed its previous informal opinion regarding this requirement of RPC 1.14(c) that client trust funds be deposited in "qualified accounts", and that such a rule is mandatory and may not be waived by the client. The Committee continued its opinion that the rule is mandatory and may not be waived by the client. However, the Committee did want to point out to you that the lawyer may distribute the funds to the client and the client may then deposit the funds into any account the client may wish. The Committee also directed that I provide you with a copy of Formal Opinion 177, which addresses your apparent concern about the withdrawal of client funds prior to the date of clearance of checks or drafts.

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.