How should a lawyer dispose of trust funds belonging to a client who lives in a foreign country?
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This page answers the general question as of 1996. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquirer asked about delivering funds held in trust that belong to a person in Nigeria. The committee was of the unanimous opinion that the lawyer's obligation is to determine from the client how the funds should be disposed of. The committee also recommended that the lawyer consider holding the funds in a separate interest-bearing trust account, so they earn interest to benefit the client, until they can be disposed of pursuant to the client's direction.
Currency note
This opinion was issued in 1996, 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 Treat this page as historical context, not current guidance.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. The committee did not cite a specific Rule of Professional Conduct in this opinion.
Common questions
Q: What does a lawyer do with trust funds for a client living abroad?
A: The committee said the lawyer's obligation is to determine from the client how the funds should be disposed of.
Q: How should the funds be held in the meantime?
A: The committee recommended considering a separate interest-bearing trust account so the funds earn interest for the client until they can be disbursed per the client's direction.
Background and rules framework
The committee did not cite a specific Rule of Professional Conduct. It treated the lawyer's duty as one of safekeeping and following client direction: ascertain from the client how to dispose of the funds, and preserve their value (a separate interest-bearing account) while awaiting instructions.
Citations and references
The committee did not cite a specific Rule of Professional Conduct in this opinion.
See also
- WA Ethics Op. 1664: When a Client Won't Cash a Trust Check
- WA Ethics Op. 1633: Reporting a Former Partner's Theft
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=757
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1683
Year Issued: 1996
RPC(s):
Subject: Trust account; funds held in trust for person in foreign country
The Committee reviewed your inquiry regarding delivery of funds held in your trust account which belong to a person in Nigeria. The Committee was of the unanimous opinion that the lawyer's obligation is to determine from the client how the funds should be disposed of. They also recommended that you consider that the funds should be held in a separate interest bearing trust account to earn interest to benefit the client until they can be disposed of pursuant to the client's direction.
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