Opinion 945

Upon reviewing your inquiry concerning the action of a lawyer for the estate of a deceased lawyer asserting an attorney's lien over files of a former client of the deceased lawyer, the Committee was of the opinion that if the attorney's lien is lawfully assertable on behalf of the estate, there is no ethical reason why the lawyer for the estate could not assert the lien. The question of whether the lien statute is assertable by the estate of a lawyer is a legal question which the Committee cannot answer. However, if you determine that you have a lawful right to assert the lien, then you have a duty to the estate to do so, and you also have an obligation to advise the former client of the assertion of the lien.

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.