On withdrawing from a criminal case, must a lawyer hand over discovery the criminal rules restrict, and how?

Plain-English summary

The inquiry concerned a lawyer's obligation to provide papers and documents to a client under RPC 1.15(d) when read against CrR 4.7(h)(3) and (7), the criminal court rule provisions regulating discovery.

The committee was of the opinion that, on the facts presented, a court order should be obtained directing the withdrawing lawyer to transfer the papers as requested by the client. That route reconciles the duty to deliver the client's papers with the criminal discovery rule's restrictions.

Currency note

This opinion was issued in 1987, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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, deadline, or requirement mentioned here. Washington's former RPC 1.15 (declining or terminating representation, cited here at subsection (d)) corresponds to ABA Model Rule 1.16 and was renumbered RPC 1.16 in Washington's 2006 revisions; the criminal rule CrR 4.7 may also have changed. Confirm current rules before relying on them.

Common questions

Q: Does a withdrawing lawyer have to give the client the case file?

A: The committee treated RPC 1.15(d) as imposing a duty to deliver the client's papers, but said that where criminal discovery limits apply, the transfer should be made under a court order.

Q: Why is a court order needed in a criminal case?

A: Because the duty to deliver papers intersected with CrR 4.7(h)(3) and (7)'s discovery restrictions; the committee directed obtaining a court order to authorize the transfer rather than resolving the conflict unilaterally.

Background and rules framework

The opinion applied RPC 1.15(d) (the then-current Washington rule on declining or terminating representation, including returning papers to which the client is entitled, corresponding to ABA Model Rule 1.16) against CrR 4.7(h)(3) and (7), the criminal rule provisions governing discovery. The committee resolved the intersection by directing that a court order be obtained to authorize the transfer of papers to the client.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.16 (declining or terminating representation; returning papers); Washington RPC 1.15(d)

Court rules:

• CrR 4.7(h)(3) and (7) (Washington criminal rule; regulation of discovery)

See also

• WSBA Ethics Op. 1120: Returning a Signed Release
• WSBA Ethics Op. 1702: Returning Originals on Discharge
• WSBA Ethics Op. 933: Attorney's Lien on Client Papers

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1150

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

Advisory Opinion: 1114
Year Issued: 1987
RPC(s): RPC 1.15(d)
Subject: Duties on withdrawal; providing discovery to criminal defendant when prohibited by court rule

The Committee considered your inquiry concerning a lawyer's obligation to provide papers and documents to a client under RPC 1.15(d) in light of CrR 4.7(h)(3) and (7) and which relate to the regulation of discovery. The Committee was of the opinion that under that rule, in light of the facts presented in your inquiry, a court order should be obtained directing the withdrawing lawyer to transfer the papers as requested by the client.