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?

Short answer The panel concluded that, where the firm sent notice by both certified mail (return receipt requested) and first-class mail and both were returned 'Address Unknown,' the attorney has satisfied the obligation to exercise diligence in locating the client under the circumstances, and no further action is required.
Bar
RIEAP
Issued
December 4, 1991

Apply this to your situation

This page answers the general question as of 1991. Ask about yours and see what the current Rhode Island Rules of Professional Conduct say for your facts, with citations.

How much weight this carries: Under the Ethics Advisory Panel rules of the Rhode Island Supreme Court, a lawyer who asks for an opinion, gives the facts fully and accurately, and acts in accordance with it is conclusively presumed to have complied with the Rules of Professional Conduct. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

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 Treat this page as historical context, not current guidance.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

Source

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.

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