My client has gone silent and the statute of limitations is about to run. What should I do?

Plain-English summary

The inquiring attorney asked how to proceed in a case in which the client cannot be located and the period of limitations is close to expiration. Correspondence to the client's last known address had not been responded to, but had not been returned to the sender.

The panel took the position that the attorney should continue efforts to locate the client, perhaps by personal visitation to the last known address, and file suit as a last resort to protect the client before the expiration of the period of limitations.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule mentioned here.

Common questions

Q: What steps should I take to reach the client?

A: Per the opinion, continue efforts to locate the client, perhaps by a personal visit to the last known address.

Q: What if I still cannot reach the client before the deadline?

A: Per the opinion, file suit as a last resort to protect the client before the period of limitations expires.

Q: Does it matter that my letters were not returned?

A: Per the opinion, the correspondence to the last known address had not been responded to but had not been returned, and the panel still directed continued location efforts and, if necessary, filing suit to protect the client.

Background and rules framework

The opinion cites no numbered Rule of Professional Conduct. The panel resolved the inquiry on the attorney's duty to protect the client's interests: pursue reasonable efforts to locate the client, and if those fail, file suit before the limitations period runs so the client's claim is not lost.

Citations and references

Rules of Professional Conduct:

• None cited. The panel resolved the inquiry on the attorney's duty to locate the client and protect the client's claim before limitations expired.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-77: Returned Mail Satisfies the Duty of Diligence in Locating a Client
• RI EAP Op. 91-16: No Duty to Enter an Appearance for a Missing Contingent-Fee Client
• RI EAP Op. 91-80: When a Client Appeals Pro Se

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-82.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-82
Issued December 9, 1991

An attorney seeks Panel advice as to how to proceed in a case in which the client cannot be located, and the period of limitations is close to expiration. Correspondence to the client's last known address is not responded to, but has not been returned to the sender.

The Panel takes the position that the attorney should: 1) continue efforts to locate the client, perhaps by personal visitation to the last known address; and 2) file suit as a last resort to protect the client before expiration of the period of limitations.