Advisory Opinion: 1702

Year Issued: 1997

RPC(s): RPC 1.15(d)

Subject: Client property; duty to return original documents when discharged

The inquiry concerned an attorney's duty to return the client's file after the client retained another attorney. Your first question was whether an attorney has complied with RPC 1.15(d) when no lawsuit has yet been filed, and the attorney has given the client a complete copy of the client's file. Under RPC 1.15(d), an attorney cannot keep originals belonging to the client if that operates to the disadvantage and to the detriment of the client.
Your question of whether an attorney's lien is valid and enforceable cannot be answered by the RPC Committee. It is a question of law rather than a question of legal ethics within the Rules of Professional Conduct. The Committee refers you to Formal Opinion 181 (enclosed) and Ross v. Scannell, 97 Wn. 2d 598, 647 P.2d 1004 (1982).

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.