Must a lawyer give a former client, now in prison, a copy of the client's own incriminating written statement on request?

Plain-English summary

The inquiring lawyer asked what to do about a request from a former client, then serving a prison sentence, that the lawyer send the former client a copy of an incriminating written statement the client had made several years earlier.

The committee concluded that RPC 1.15(d) affirmatively requires the lawyer to "surrender papers and property to which the client is entitled" when representation is terminated. It said that, unless the lawyer seeks the appointment of a guardian under RPC 1.13(b) or there is other court protection because of the client's disability, the lawyer has no authority to withhold the client's own written statement. The committee cited Formal Opinion 181.

Currency note

This opinion was issued in 2002, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. At the time, Washington's RPC 1.15 governed declining or terminating representation, including surrender of the client's papers (the subject of Model Rule 1.16), and Washington's RPC 1.13 governed a client under a disability (the subject of Model Rule 1.14); Washington renumbered these provisions in the 2006 revisions. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement mentioned here.

In practice

Under the Washington rule as it stood at the time of the opinion, a lawyer faced with a former client's request for the client's own papers had to surrender the papers to which the client was entitled; the opinion treats withholding the client's own written statement as outside the lawyer's authority absent a guardianship or court protection under the then-RPC 1.13(b). The opinion addressed the client's own incriminating statement specifically and did not resolve broader file-retention or lien questions.

Common questions

Q: Can a lawyer refuse to return a former client's own incriminating statement?

A: No. The committee concluded that, absent a guardianship or other court protection under RPC 1.13(b), the lawyer has no authority to withhold the client's own written statement.

Q: Which rule requires returning the papers?

A: The committee relied on RPC 1.15(d), which it said requires the lawyer to surrender papers and property to which the client is entitled when representation is terminated.

Q: Does the client's imprisonment change the duty?

A: The opinion treated the former client's request the same way; it pointed to RPC 1.13(b) (a client under a disability) only as the route for seeking a guardian or court protection, not as a basis to withhold the statement here.

Background and rules framework

The opinion applies two Washington rules in their pre-2006 numbering: RPC 1.15(d) (declining or terminating representation; surrender of the client's papers and property; the subject of Model Rule 1.16) and RPC 1.13(b) (a client under a disability; the subject of Model Rule 1.14). It relies on the prior Formal Opinion 181. Washington renumbered these provisions in the 2006 revisions.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.16 / Washington RPC 1.15(d) (declining or terminating representation; surrender of papers, pre-2006 numbering)
• Model Rule 1.14 / Washington RPC 1.13(b) (client under a disability, pre-2006 numbering)

Other opinions cited:

• WSBA Formal Opinion 181: client's right to papers and the "material interference" framework

See also

• WSBA Ethics Op. 1697: Class Member's Copy of the Entire File (Formal Opinion 181)
• WSBA Ethics Op. 1114: Duties on Withdrawal; Criminal Discovery Under Court Order
• WSBA Ethics Op. 1185: Destruction of Client Files

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1211

Original opinion text

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

Advisory Opinion: 1969
Year Issued: 2002
RPC(s): RPC 1.15(d), RPC 1.13(b), Formal Opinion 181
Subject: Client property, client disability, client file

The inquiring lawyer asked what course of action should be taken about a request from a former client serving a prison sentence that the lawyer send to the former client a copy of an incriminating written statement made by the client several years ago. The committee opined that RPC 1.15(d) affirmatively requires the lawyer to “surrender papers and property to which the client is entitled” when representation is terminated. Unless, pursuant to RPC 1.13(b), the lawyer seeks the appointment of a guardian or there is other court protection because of the client’s disability, the lawyer has no authority to withhold the client’s own written statement. See Formal Opinion 181.