If a client disappears owing fees and the lawyer holds the client's money in trust, can the lawyer pay the fees from those funds?

Plain-English summary

The lawyer was not paid for legal work performed for a client, later collected a judgment arising out of that work, and had been unable to contact the client. The lawyer had billed $3,200 in fees and held $2,200 of the client's funds in trust.

The committee said that, in that situation, the lawyer must make reasonable efforts to give notice to the client of the fee claim and of the intent to pay the fees from the client's funds. It suggested the lawyer attempt to obtain an address from a reverse directory for a party in Georgia through whom the lawyer might reach the client, and correspond with that party stating that the lawyer held money belonging to the client and needed to resolve the issue.

The committee concluded that, if the lawyer made reasonable efforts under these facts, the lawyer should not be required to go through the formality of obtaining a judgment against the client before paying the fees.

Currency note

This opinion was issued in 1985, before 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 Treat this page as historical context, not current guidance.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: Can a lawyer pay owed fees out of a missing client's trust funds?

A: The committee said the lawyer may, but first must make reasonable efforts to give the client notice of the fee claim and of the intent to pay the fees from the client's funds.

Q: What counts as reasonable efforts to reach a missing client?

A: The committee suggested using a reverse directory to find an address for a third party in Georgia through whom the lawyer might contact the client, and writing to that party to say the lawyer held the client's money and needed to resolve the issue.

Q: Does the lawyer need a court judgment before taking the fees?

A: The committee said that if the lawyer made reasonable efforts under these facts, the lawyer should not be required to go through the formality of obtaining a judgment against the client before paying the fees.

Background and rules framework

The opinion arises under what was then Washington RPC 1.14, the rule on safekeeping of client property; in Washington's pre-2006 numbering, RPC 1.14 corresponded to the safekeeping rule now reflected in Model Rule 1.15. The committee tied the lawyer's ability to satisfy the fee claim from the held funds to making reasonable efforts to notify the absent client.

Citations and references

Rules of Professional Conduct:

• Model Rule 1.15 (safekeeping of client and third-party property)
• Washington RPC 1.14 (pre-2006 numbering; the safekeeping-of-property rule, analog of Model Rule 1.15)

See also

• WSBA Ethics Op. 910: asserting an attorney's lien over a former client's files and property
• WSBA Ethics Op. 845: ownership of interest on a trust account

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=28

Original opinion text

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

Advisory Opinion: 917
Year Issued: 1985
RPC(s): RPC 1.14
Subject: Missing client; client has funds in trust account and owes lawyer for fees

The lawyer was not paid for legal work performed on a client's behalf. The lawyer subsequently collected a judgment arising out of that legal work and has been unable to contact the client. The Committee was of the opinion that in your situation, where you have billed your client for legal fees in the amount of $3200, and you hold $2200 of your client's funds in your trust account, and you have been unable to have any communication with your client, you must make reasonable efforts to give notice to your client of your fee claim and of your intent to pay yourself your client's funds toward the owed fees. The Committee was of the opinion that you should attempt to obtain the address from a reverse directory of the party in Georgia through whom you may be able to contact your client, and correspond with that party advising that you do have money belonging to your client and need to resolve the issue. The Committee was of the opinion that, if you made reasonable efforts under these facts, you should not be required to go through the formality of obtaining a judgment against your client prior to paying yourself the fees.