What should a lawyer do with a soon-to-expire redeemable airline ticket belonging to a client who has been involuntarily committed to a mental institution?
Apply this to your situation
This page answers the general question as of 1979. Ask about yours and see what the current Virginia Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee addressed a lawyer representing a client who had been involuntarily committed by a court to a mental institution. During the representation the lawyer received a redeemable airline ticket due to expire shortly. On those facts, the committee concluded the lawyer should redeem the ticket, deposit the proceeds in a trust account, and promptly advise the court of the funds, citing DR 9-102(A) and (B).
Currency note
This opinion was issued in 1979, under Virginia's former Code of Professional Responsibility, before the Virginia State Bar's adoption of the Rules of Professional Conduct effective January 1, 2000. The committee note states that Rule 1.14 now provides guidance to lawyers representing clients under a disability. 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 Treat this page as historical context, not current guidance.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: What should the lawyer have done with the expiring ticket?
A: Under this 1979 opinion, redeem it, deposit the proceeds in a trust account, and promptly advise the court of the funds.
Q: Why did the committee involve the court?
A: The client had been involuntarily committed by a court, and the committee directed the lawyer to advise the court promptly of the funds. The committee note records that current Rule 1.14 governs representation of clients under a disability.
Background and rules framework
The opinion applied the former Code's client-property and trust-account provisions, DR 9-102(A) and (B), to a tangible asset at risk of loss. The committee note maps the disability dimension onto current Virginia Rule 1.14, corresponding to ABA Model Rule 1.14 on clients with diminished capacity, while the safekeeping duty corresponds to ABA Model Rule 1.15.
Citations and references
Rules of Professional Conduct:
- DR 9-102(A) and (B) (safekeeping client property) (former Code)
- Virginia Rule 1.14 (client under a disability) (cited in the committee note)
- ABA Model Rule 1.15 (safekeeping property)
- ABA Model Rule 1.14 (client with diminished capacity)
See also
- VA LEO 463: Representing a Mentally Impaired Client
- VA LEO 465: Retaining Lien on Client Property for Unpaid Fees
Source
- Landing page: https://vsb.org/Site/about/rules-regulations/leo-opinions.aspx
- Original PDF: https://www.vsb.org/common/Uploaded%20files/LEOs/0330.pdf
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
LEGAL ETHICS OPINION 330
PROTECTING CLIENT’S PROPERTY.
An attorney represents a client who has been involuntarily committed by a court to a mental institution, and the attorney in the course of the representation receives a redeemable airline ticket due to expire shortly thereafter. Under such circumstances, the attorney should redeem the ticket, depositing the proceeds in a trust account and advise the court promptly of the funds. [See II: DR:9-102(A) and (B).]
Committee Opinion
July 30, 1979
Legal Ethics Committee Notes. - Rule 1.14 provides guidance to lawyers representing clients under a disability.
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