WSBA 1997

Must a firm in a class action give a class member a copy of the entire file, and who pays for copying?

Short answer: The committee, applying WSBA Formal Opinion 181, said the attorney must deliver the file to the client and pay the copying costs, unless a protective order is obtained from the court stating otherwise.

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This page answers the general question as of 1997. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A law firm represented several hundred people in a class action, and one class member requested a copy of the entire file, which ran to several thousand pages. The committee said that Formal Opinion 181 requires the attorney to deliver the file to the client and to pay the copying costs, unless a protective order is obtained from the court stating otherwise.

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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 resolved the question by reference to WSBA Formal Opinion 181 rather than a specifically numbered Rule of Professional Conduct.

Common questions

Q: Does a class member get a copy of the entire file on request?

A: The committee said the attorney must deliver the file to the client, applying Formal Opinion 181.

Q: Who pays the copying costs?

A: The committee said the attorney must pay the copying costs, unless a protective order is obtained from the court stating otherwise.

Background and rules framework

The committee resolved the inquiry under WSBA Formal Opinion 181, which it read to require delivering the file to the client and bearing the copying costs. The committee identified a court protective order as the only stated basis for shifting that obligation, and did not cite a numbered Rule of Professional Conduct.

Citations and references

Other opinions cited:

WSBA Formal Opinion 181: delivery of the client file and allocation of copying costs

Source

Landing page: https://ao.wsba.org/print.aspx?ID=771

Original opinion text

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

Advisory Opinion: 1697
Year Issued: 1997
RPC(s): Formal Opinion 181
Subject: Client property; class action; duty to provide class member with copy of entire file

[The law firm represented several hundred people in a class action. One class member requested a copy of the entire file which was several thousand pages.] Formal Opinion 181 requires the attorney to deliver the file to the client and to pay copying costs unless a protective order is obtained from the Court stating otherwise.

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