Advisory Opinion:
1600
Year Issued:
1995
RPC(s):
RPC 1.1, 1.4; RCW 6.17.020
Subject:
Duty to notify former clients of change in law
The Committee discussed your inquiry regarding what ethical obligations are created by recent legislative changes to RCW 6.17.020. This amendment to the statute allows for a ten-year extension above and beyond the original validity of a judgment. Specifically, what obligation does an attorney now have to advise clients of the possibility of extending the validity of their judgments because of this extension.
It was the Committee's opinion that: (1) If you are currently actively representing a client on a matter in which this statute has relevance, then you have an affirmative duty to notify the client under RPC 1.1 and 1.4 of the possible impact of this change in the statute. (2) Once representation ends (e.g., in a matter in which either the lawyer has sent a letter of termination to the client, or the client has discharged the lawyer), there is no duty to notify the client of the impact of this change in the statute absent a specific retainer to the contrary. (3) In a matter in which an attorney was specifically retained to obtain a money judgment, and in which the lawyer's representation has not been limited in scope or terminated in a manner that clearly precludes the clients' reliance on the attorney for post-judgment advice, the attorney has a duty to make reasonable efforts to notify the client of the amendment to RCW 6.17.020 that may extend the client's beneficial interest in that judgment for an additional ten years. (4) The question of what is the scope of representation in a particular case will turn on a question of law. Whether there is current active representation depends on what is the client's reasonable belief regarding the scope of representation and is a question of fact and law.
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