Opinion 966

The Committee was of the opinion that where you employed on a contingent fee basis to file suit on behalf of a client, and were paid $80 in advance costs, and your client has now disappeared, you could not merely make reasonable attempts to contact the client, withdraw, and retain the $80 as earned fees. The Committee was of the opinion that Rule 1.13 of the Rules of Professional Conduct would require either that you establish a guardianship for your missing client or file suit on behalf of the client if you have been authorized to do so.

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.