Advisory Opinion: 1166

Year Issued: 1988

RPC(s): RPC 1.14

Subject: Trust account; receipt of funds on behalf of missing client who owes fees in excess of funds received

The Committee reviewed your inquiry regarding your receipt of a check issued on behalf of your client whose whereabouts are presently unknown to you. The Committee understood that you have outstanding fees and costs which have not been paid which exceed the amount of the check. The Committee was of the opinion that before you could disburse any client funds to yourself, you would either have to have consent from the client as provided in RPC 1.14, or assert and enforce a lien pursuant to statute.

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.