Advisory Opinion: 951

Year Issued: 1985

RPC(s): RPC 5.4(c); 1.15

Subject: Providing files on withdrawal; employment by insurance company; identity of client

The Committee was of the opinion that where you were employed by an insurance company to defend a malpractice claim against a lawyer, the lawyer is your client. Therefore, the Committee was of the unanimous opinion that if the lawyer, who now has new counsel, has requested that you turn over your files to his new counsel, the insurance company cannot direct you to do otherwise, even though the insurance company may be paying the bill. The lawyer remains your client, and is entitled to papers and documents just as any other client.

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.