Must a lawyer give the client a prior lawyer's file the lawyer is holding, even if the client wants it to sue the prior lawyer?

Plain-English summary

The committee addressed a client who asked the lawyer for the entire file the lawyer had received from the client's prior lawyer, so the client could proceed with a possible malpractice claim against that prior lawyer.

The committee concluded that the lawyer should comply with the client's request and turn over the entire file of the client's former lawyer, which had been given to the lawyer without restriction. The committee reasoned that the client had paid for the work represented by the former lawyer's file, and that the lawyer has no duty to protect the former lawyer.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.15 (declining or terminating representation, including the return of a client's papers) was renumbered; the current Washington rule on terminating representation corresponds to Model Rule 1.16. Treat this page as historical context, not current guidance.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 withhold the prior lawyer's file because the client wants to sue that lawyer?

A: No. The committee concluded the lawyer should turn over the entire former-lawyer file given to the lawyer without restriction, and that the lawyer has no duty to protect the former lawyer.

Q: Why was the client entitled to the file?

A: The committee reasoned that the client had paid for the work represented by the former lawyer's file.

Background and rules framework

The opinion interprets the rule then numbered Washington RPC 1.15, which governed declining or terminating representation and the return of a client's papers (corresponding to Model Rule 1.16). The committee applied it to a file the lawyer had received from the client's prior lawyer without restriction, treating the client's payment for the work and the absence of any duty to the former lawyer as the basis for turning the file over.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.15 (declining or terminating representation; return of a client's papers), corresponding to Model Rule 1.16.

See also

• WSBA Ethics Op. 910: an attorney's lien and the client's files and property
• WSBA Ethics Op. 933: an attorney's lien and retention of a client's papers
• WSBA Ethics Op. 945: an attorney's lien on a deceased lawyer's estate files

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=90

Original opinion text

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

Advisory Opinion: 979
Year Issued: 1986
RPC(s): RPC 1.15
Subject: Client's request for prior lawyer's file held by subsequent lawyer

A client asked the lawyer for the entire file the lawyer had received from the client's prior lawyer so the client could proceed with a possible malpractice claim against the prior lawyer. The Committee was of the opinion that you should comply with your client's request to turn over the entire file of the client's former lawyer which was given to you without restriction. The Committee was of the opinion that the client had paid for the work represented by the former lawyer's file, and that you have no duty to protect the former lawyer.