Opinion 917

The lawyer was not paid for legal work performed on a client's behalf. The lawyer subsequently collected a judgment arising out of that legal work and has been unable to contact the client. The Committee was of the opinion that in your situation, where you have billed your client for legal fees in the amount of $3200, and you hold $2200 of your client's funds in your trust account, and you have been unable to have any communication with your client, you must make reasonable efforts to give notice to your client of your fee claim and of your intent to pay yourself your client's funds toward the owed fees. The Committee was of the opinion that you should attempt to obtain the address from a reverse directory of the party in Georgia through whom you may be able to contact your client, and correspond with that party advising that you do have money belonging to your client and need to resolve the issue. The Committee was of the opinion that, if you made reasonable efforts under these facts, you should not be required to go through the formality of obtaining a judgment against your client prior to paying yourself the fees.

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.