When asserting an attorney's lien, can a Washington lawyer hold on to a client's papers if it would hurt the client's case?

Plain-English summary

The committee considered whether a lawyer asserting an attorney's lien may hold on to papers belonging to the client. It concluded that the lawyer may not do so if the retention would prejudice the client's rights. The committee tied that conclusion to RPC 1.15(d), which requires a lawyer to take steps to the extent reasonably practical to protect a client's interests.

The committee also noted a difference in wording between the rule and its predecessor: RPC 1.15(d) allows the holding of "papers," rather than the "papers or property" that the former DR 2-110 referred to.

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 Treat this page as historical context, not current guidance.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 keep a client's papers as leverage while asserting an attorney's lien?

A: Not if the retention would prejudice the client's rights. The committee read RPC 1.15(d)'s duty to take reasonably practical steps to protect the client's interests as limiting what a lawyer may hold back when asserting a lien.

Q: Does the rule let a lawyer retain a client's property as well as papers?

A: The committee pointed out that RPC 1.15(d) speaks of holding "papers," not the "papers or property" language used in the former DR 2-110.

Background and rules framework

The opinion interprets Washington's former RPC 1.15(d), the provision then governing a lawyer's duties on declining or terminating representation, which corresponds to Model Rule 1.16(d). That provision requires a lawyer to take steps to the extent reasonably practical to protect a client's interests. The committee applied that duty to the situation of a lawyer asserting an attorney's lien over a client's papers, and it contrasted the rule's reference to "papers" with the "papers or property" language in the predecessor Code provision, former DR 2-110.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.15(d) (duties on declining or terminating representation; reasonably practical steps to protect a client's interests), corresponding to Model Rule 1.16(d).

Other authority referenced:

• Former DR 2-110 (the predecessor Code of Professional Responsibility provision, which referred to "papers or property").

See also

• WSBA Ethics Op. 910: attorney's lien on client files and property
• ABA Formal Op. 471: surrendering papers and property to a former client
• Alabama Ethics Op. 1986-02: attorney's lien and copies of the client's file

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=44

Original opinion text

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

Advisory Opinion: 933
Year Issued: 1985
RPC(s): RPC 1.15(d)
Subject: Attorney's lien; retention of client's papers

The Committee was of the opinion that, in the course of asserting an attorney's lien, a lawyer may not retain papers belonging to a client if to do so would prejudice the client's rights since RPC 1.15(d) requires that a lawyer take steps to the extent reasonably practical to protect a client's interests. It was also noted that RPC 1.15(d) allows the holding of "papers" rather than "papers or property" as was referred to in the former DR 2-110.