Advisory Opinion: 1796

Year Issued: 1998

RPC(s): RPC 1.4(a); 1.15; 8.4(c)

Subject: Missing client; client location unknown and dissolution case not completed

The Committee researched and reviewed your inquiry concerning the situation where a dissolution has not been completed and the client's location is unknown. The Committee determined the following:

1. Withdrawal.
The lawyer may withdraw from representation providing she is in compliance with RPC 1.15. The lawyer should make all reasonable efforts to contact the client and notify her of the status of the matter and the withdrawal as provided in RPC 1.4(a).
2. File Retention.
Unless the lawyer surrenders the file to the client under RPC 1.15, the lawyer should retain the file.
3. Misrepresentation.
The lawyer should inform the opposing party of the status of the matter to avoid running afoul of RPC 8.4(c), which prohibits misrepresentation. The respondent may be misled about the status of the matter (and his own marital status) if she does not inform him that the matter was not completed.

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.