Advisory Opinion: 1176

Year Issued: 1988

RPC(s): RPC 1.15(d), Formal Opinion 181

Subject: Client's property; request for file; possessory lien

The fee agreement provided that the lawyer would have a lien on the file in the amount of his hourly fees if he was discharged. The client discharged the lawyer and refused to pay the amount due. The client had the ability to pay the fees owed and did not dispute the amount billed. The Committee reviewed your inquiry concerning the assertion of an attorney's lien for unpaid fees, and was of the opinion that Formal Opinion 181, which with you are familiar, does set out the guiding principles, and from their review of the facts as presented by you, it does not appear that there is any prejudice to your client at this time caused by your assertion of your lien rights.

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.