Opinion 1320

Subject: Trust account; disposition of overbalance in trust account possibly caused by failure to withdraw earned fees

The Committee reviewed your inquiry concerning disposition of funds in your trust account which you believe may be the result of failure to withdraw earned fees. The Committee was of the opinion that before your law firm could take those funds as earned fees, the burden is on your firm to demonstrate your right to claim ownership of them as earned fees. The Committee was further of the opinion that any costs of auditing or accounting to establish that ownership right could not be charged against those funds which are held in your trust account but must be borne by you directly.

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.