Opinion 1748

You ask to what extent you must go to attempt to locate a client who has left no forwarding address to return client funds; and what is to be done with trust balances after you have taken the required steps to locate the client, to no avail.

It is the Committee's opinion that Rules of Professional Conduct l.3 and l.14 apply to your questions regarding managing client trust accounts. In addition, RCW 63.29 applies regarding unclaimed property. With respect to your question of what you should do with the funds, the Rules require that you act with reasonableness and due diligence in resolving trust account matters. The question of what is reasonable is a legal question which depends on the specific facts in each individual case. The committee refers you to the booklet entitled "Rules, Regulations and Common Sense - Managing Client Trust Accounts."

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.