Advisory Opinion: 1327

Year Issued: 1989

RPC(s): RPC 1.14

Subject: Disbursement of trust account funds when there is more than one claimant

The Committee reviewed your inquiry concerning a possible amendment to RPC 1.14 to add a section about disbursing funds when there is more than [one] claimant to the funds. The Committee was of the opinion that no amendment to the Rules is required. The Committee is of the opinion that the present rule, which states that a lawyer is to pay funds to a client "which the client is entitled to receive" resolves the issue and that the question of "entitlement" is a legal question rather than an ethical one.

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.