Advisory Opinion: 1782

Year Issued: 1997

RPC(s): RPC 1.15(d)

Subject: Notification to client of destruction of client file

Facts Presented: The inquiring lawyer proposes to send the following letter, regarding destroying client files to clients:

"Dear Client:
After reviewing your file, I have determined that no further legal services are indicated. Accordingly, we shall mark our file "closed" and do nothing further on this matter.
It is our policy not to keep your file. Please pick up your file within the next two weeks and let us know which papers you want out of your file. If we do not hear from you within two weeks after this letter, then we will reserve the right to destroy your file at our earliest convenience and/or discretion."

Question Presented : Is it permissible under the Rules for the lawyer to send the letter?

Applicable Rules: RPC 1.15(d)

RPC Committee Opinion: No, it is in violation of RPC 1.15(d) to send such a letter. The committee refers the lawyer to page 44 of the "Bar News", August 1997 issue.

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.