If a contingent-fee client disappears after paying advance costs, can the lawyer just withdraw and keep the money?

Plain-English summary

The committee addressed a lawyer who had been employed on a contingent-fee basis to file suit for a client, had been paid $80 in advance costs, and whose client then disappeared. The committee concluded the lawyer could not merely make reasonable attempts to contact the client, withdraw, and retain the $80 as earned fees.

Instead, the committee concluded that RPC 1.13 would require either that the lawyer establish a guardianship for the missing client or file suit on behalf of the client if the lawyer had been authorized to do so.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.13 (client under a disability) was renumbered and rewritten; the current Washington rule on a client with diminished capacity corresponds to Model Rule 1.14. Treat this page as historical context, not current guidance.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: A contingent-fee client vanished after paying advance costs. Can the lawyer withdraw and keep the money?

A: No. The committee concluded the lawyer could not merely make reasonable attempts to contact the client, withdraw, and retain the advance costs as earned fees.

Q: What did the committee say RPC 1.13 required instead?

A: The committee said RPC 1.13 would require either establishing a guardianship for the missing client or filing suit on behalf of the client if the lawyer had been authorized to do so.

Background and rules framework

The opinion interprets the rule then numbered Washington RPC 1.13, the client-under-a-disability rule (corresponding to Model Rule 1.14 on a client with diminished capacity). The committee applied that rule to a disappeared client, treating the lawyer's obligations to the absent client, rather than a simple withdrawal-and-retain-fees approach, as controlling.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.13 (client under a disability), corresponding to Model Rule 1.14 (client with diminished capacity).

See also

• WSBA Ethics Op. 960: a parent seeking to end the representation of a minor child
• WSBA Ethics Op. 954: withdrawal when the lawyer cannot locate the client
• WSBA Ethics Op. 1011: protective action for a client under a disability who threatens self-harm

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=77

Original opinion text

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

Advisory Opinion: 966
Year Issued: 1986
RPC(s): RPC 1.13
Subject: Missing client with funds in lawyer's trust account

The Committee was of the opinion that where you employed on a contingent fee basis to file suit on behalf of a client, and were paid $80 in advance costs, and your client has now disappeared, you could not merely make reasonable attempts to contact the client, withdraw, and retain the $80 as earned fees. The Committee was of the opinion that Rule 1.13 of the Rules of Professional Conduct would require either that you establish a guardianship for your missing client or file suit on behalf of the client if you have been authorized to do so.