Opinion 1258

The Committee considered your inquiry concerning the disposal of files of a deceased lawyer which are in your custody which include various documents including original wills and other original legal documents. The Committee was of the opinion that the requirements of RPC 1.14 regarding the safeguarding of client property require that you continue to safeguard original wills, deeds, or other client property if you cannot locate the clients to return it to them, but that other file materials that are not client property may be destroyed.

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.