Can a lawyer apply client property already in the lawyer's possession toward unpaid fees?

Plain-English summary

The inquiry concerned the disposition of client property in the lawyer's possession for payment of the lawyer's fees. The committee was of the opinion that the answer turns on a legal question: whether, under RPC 1.14(b)(4), this is property that the client is entitled to receive. Because the committee cannot give opinions on legal questions, it could not answer the inquiry further.

Currency note

This opinion was issued in 1990, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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.

Common questions

Q: Did the committee say a lawyer may apply client property to unpaid fees?

A: No. The committee declined to answer, treating the question as a legal one outside its advisory function.

Q: Why did the committee decline?

A: The committee was of the opinion that whether the property is something the client is entitled to receive under RPC 1.14(b)(4) is a legal question, and the committee cannot give opinions on legal questions.

Background and rules framework

At the time of this opinion, Washington's RPC 1.14 governed the safekeeping of client property, the subject the current Model Rules place in Rule 1.15. RPC 1.14(b)(4) addressed delivering property the client is entitled to receive. The committee distinguished an ethics question from the underlying legal question of entitlement and declined to resolve the latter.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.15 (safekeeping property)
• Washington RPC 1.14(b)(4) (as numbered at the time of the opinion)

See also

• WA Ethics Op. 1338: Lawyer Operating a Separate Escrow Business
• WA Ethics Op. 1327: Trust Funds With More Than One Claimant

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=434

Original opinion text

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

The Committee reviewed your inquiry concerning the disposition of client property in your possession for payment of your fees. The Committee is of the opinion that the answer to your inquiry is a legal question which is whether under RPC 1.14(b)(4) this is property that the client is entitled to receive. The Committee cannot give opinions on legal questions and therefore cannot answer your inquiry further