Advisory Opinion: 1156

Year Issued: 1987

RPC(s): RPC 1.15(d)

Subject: Client property; competing claims of client and opposing party for property

The Committee was of the opinion that where you have been given property by a client, and an opposing party claims ownership of that property pursuant to a prior settlement, that if it is clear to you that the property belongs to your client then pursuant to RPC 1.15(d), you must return the property to your client as requested, with appropriate advice regarding any further liability posed by your client's apparent intentions. On the other hand, if ownership of the property is not clear, then, while you could institute an interpleader action and allow the parties to resolve the question in court, under the circumstances presented by your inquiry, it might be your better practice to merely advise the parties that you intend to continue to hold the property in safekeeping until they are able to resolve between them to whom the property belongs, either by settlement or law suit.

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.