Advisory Opinion: 910

Year Issued: 1985

RPC(s): DR 2-110; 7-101 (A)(3)

Subject: Attorney's lien statute; client files and property in attorney possession

The Committee was of the unanimous opinion that a lawyer may assert an attorney's lien pursuant to statute for a former client's files and property in the lawyer's possession, provided that to do so would not prejudice the client, which would be prohibited under DR 2-110 and DR 7-101 (A) (3). The Committee did note that the attorney's lien statute does provide a remedy for the client to seek adjudication of the fee and recovery of the property from the attorney through the courts. The Committee was of the opinion that, as a general rule, where there was sufficient time for the client to seek a remedy as provided by the statute, the client could not be prejudiced by the lawyer's assertion of the lien.

[Editor's Note: The Code of Professional Responsibility was superseded by the Rules of Professional Conduct after this opinion was issued.]

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.