Advisory Opinion: 1800

Year Issued: 1998

RPC(s): RPC 1.14; Informal Opinion 959

Subject: Multi-state practice; compliance with conflicting trust account rules

The Committee researched and reviewed your inquiry concerning multi-state practice trust account procedures and determined the following:

The general rule stated in Informal Opinion 959 is valid under Rule of Professional Conduct 1.14. Each dual-licensed Washington attorney is required to adhere to the Washington trust account procedures when using the Washington license while representing a client and receiving funds. There is no exception to the general rule. In addition, when the attorney is using another state's license, a primary element of the general rule is not met. Therefore, by the exercise of ordinary prudence, the attorney must determine whether the Washington license is being used on a case by case basis.

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.