I need to tell a client my firm won't represent them, but there's no pending case and my certified and first-class mail came back address unknown. Have I done enough?

Plain-English summary

The inquiring attorney asked what steps are proper to locate a client in order to notify the client that the firm is unwilling to represent the client, in a situation where there is no pending litigation. The firm had used certified mail (return receipt requested) and first-class mail, both of which were returned "Returned to Sender Address Unknown."

The panel took the position that, based on those facts, the attorney has satisfied the obligation to exercise diligence in locating the client under the circumstances. Therefore, no further action is required by the attorney.

Currency note

This opinion was issued in 1991, after the Rhode Island Supreme Court adopted the Model Rules of Professional Conduct effective November 15, 1988. The Rhode Island Supreme Court later revised the Rules of Professional Conduct in 2007 as part of the nationwide Ethics 2000 process, which renumbered and amended several provisions. 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 Treat this page as historical context, not current guidance.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 mentioned here.

Common questions

Q: What efforts had the firm already made to reach the client?

A: Per the opinion, the firm used certified mail with return receipt requested and first-class mail, both of which came back "Returned to Sender Address Unknown."

Q: Did the panel say that was enough?

A: Per the opinion, yes. On those facts the attorney had satisfied the obligation to exercise diligence in locating the client under the circumstances.

Q: Was any further step required?

A: Per the opinion, no. The panel concluded that no further action is required by the attorney.

Background and rules framework

The opinion cites no numbered Rule of Professional Conduct. The panel resolved the inquiry on the general duty to exercise diligence in locating a client the firm needs to notify, and treated two returned mailings, certified and first-class, as satisfying that duty where there is no pending litigation.

Citations and references

Rules of Professional Conduct:

• None cited. The panel resolved the inquiry on the general duty to exercise diligence in locating the client.

Statutes:

• None cited.

Cases:

• None cited.

Other opinions cited:

• None cited.

See also

• RI EAP Op. 91-16: No Duty to Enter an Appearance for a Missing Contingent-Fee Client
• RI EAP Op. 91-65: A Guardian's Questionable Withdrawals: Seek an Explanation, Then Withdraw

Source

• Landing page: https://www.courts.ri.gov/attorney-resources/Pages/Ethics-Advisory-Panel-default.aspx
• Original PDF: https://www.courts.ri.gov/Opinions/EAP%2091-77.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain; the linked PDF is authoritative.

Digest of Ethics Advisory Panel
Opinion #91-77
Issued December 4, 1991

An attorney seeks Panel advice as to the proper steps to take in locating a client in order to notify the client of the firm's being unwilling to represent the client in a situation in which there is no pending litigation. The request states that the firm has used certified mail return receipt requested and first class mail, both of which have been returned "Returned to Sender Address Unknown."

The Panel is of the opinion that based on the above facts the attorney has satisfied the obligation to exercise diligence in locating the client under the circumstances. Therefore, no further action is required by the attorney.