Opinion 979

A client asked the lawyer for the entire file the lawyer had received from the client's prior lawyer so the client could proceed with a possible malpractice claim against the prior lawyer. The Committee was of the opinion that you should comply with your client's request to turn over the entire file of the client's former lawyer which was given to you without restriction. The Committee was of the opinion that the client had paid for the work represented by the former lawyer's file, and that you have no duty to protect the former lawyer.

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.