If a client tells the lawyer to give a signed settlement release back to the client instead of delivering it to the other side, what must the lawyer do?

Plain-English summary

The inquiry concerned a client's request that the lawyer not release a settlement to an opposing party but instead give it back to the client. The committee was of the opinion that the lawyer would have an obligation to deliver the document to the client as requested, but also to advise the client of the consequences of his actions.

The committee was also of the opinion that opposing counsel should be notified that the lawyer no longer represents the client and that all documents have been forwarded to the client at his request.

Currency note

This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The rule then numbered RPC 1.15(d), governing a lawyer's duties on terminating a representation (including surrendering papers and property to the client), corresponds to Model Rule 1.16(d) and was later renumbered and amended. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific point.

Common questions

Q: Does the lawyer have to give the client back a signed release the client wants returned?

A: Per the opinion, yes. The committee was of the opinion that the lawyer would have an obligation to deliver the document to the client as requested.

Q: Does the lawyer owe the client anything beyond handing over the document?

A: Yes. The committee was of the opinion that the lawyer should also advise the client of the consequences of his actions.

Q: What should the lawyer tell opposing counsel?

A: The committee was of the opinion that opposing counsel should be notified that the lawyer no longer represents the client and that all documents have been forwarded to the client at his request.

Background and rules framework

The opinion applies the rule then numbered Washington RPC 1.15(d), which governed a lawyer's obligations on the termination of a representation, including the duty to deliver to the client papers and property to which the client is entitled; that rule corresponds to Model Rule 1.16(d). The committee paired the duty to return the document with the duty to advise the client of the consequences and to put opposing counsel on notice of the change in representation.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.15(d) (duties on terminating representation; surrender of client documents), corresponding to Model Rule 1.16(d).

See also

• WSBA Ethics Op. 979: turning over a prior lawyer's file to the client, even to sue the prior lawyer
• WSBA Ethics Op. 933: whether a lawyer may retain a client's papers under an attorney's lien if it would hurt the client
• WSBA Ethics Op. 1060: an attorney's lien on client papers and the effect of a bankruptcy discharge

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=200

Original opinion text

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

Advisory Opinion: 1120
Year Issued: 1987
RPC(s): RPC 1.15(d)
Subject: Client property; request for return of signed release

The Committee considered your inquiry concerning a request by a client that you not release a settlement to an opposing party but rather that it be given back to the client. The Committee was of the opinion that you would have an obligation to deliver the document to the client as requested, but also to advise the client of the consequences of his actions. The Committee was also of the opinion that opposing counsel should be notified that you no longer represent the client and that all documents have been forwarded files to the client at his request.