Opinion 1375

As I advised you, I submitted your inquiry regarding the situation in which you have issued a check to a client drawn on your trust account which the client has negotiated and which funds the client has received. However, the bank has never cleared the funds through your account and upon your inquiry, has indicated that they will do nothing to now remove those funds. The Committee is of the opinion that, as the client has received the funds that he or she was entitled to receive, the funds in your account are no longer the property of your client or being held for the client. Since the bank is apparently laying no claim on the funds, the Committee is of the opinion that you should remove the funds from your trust account and treat them as your own.

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.