Advisory Opinion: 933

Year Issued: 1985

RPC(s): RPC 1.15(d)

Subject: Attorney's lien; retention of client's papers

The Committee was of the opinion that, in the course of asserting an attorney's lien, a lawyer may not retain papers belonging to a client if to do so would prejudice the client's rights since RPC 1.15(d) requires that a lawyer take steps to the extent reasonably practical to protect a client's interests. It was also noted that RPC 1.15(d) allows the holding of "papers" rather than "papers or property" as was referred to in the former DR 2-110.

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.