What must a lawyer do with trust-account funds held for a client whose whereabouts are unknown?
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This page answers the general question as of 1987. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The committee was of the opinion that when a lawyer held funds in his trust account for a client whose whereabouts are unknown, the lawyer is obliged to follow the requirements of the Uniform Unclaimed Property Act, RCW 63.29.
The opinion is a single holding: the route for unclaimed client trust money is the unclaimed-property statute, not a discretionary disposition by the lawyer.
Currency note
This opinion was issued in 1987, before the 2006 revisions to the Washington Rules of Professional Conduct. The trust-account rule then numbered RPC 1.14 corresponds to Model Rule 1.15 and was renumbered and rewritten in the current rules; the Uniform Unclaimed Property Act has also been amended since. Treat this page as historical context, not current guidance. Verify against current rules and the current statute before relying on anything mentioned here.
Common questions
Q: Can a lawyer just keep trust money the client never came back for?
A: No. Per the opinion, the lawyer is obliged to follow the requirements of the Uniform Unclaimed Property Act, RCW 63.29.
Q: What governs trust funds for a client the lawyer cannot locate?
A: The committee was of the opinion that the Uniform Unclaimed Property Act, RCW 63.29, governs; the lawyer must follow its requirements.
Background and rules framework
The opinion connects the trust-account rule then numbered Washington RPC 1.14, corresponding to Model Rule 1.15 (safekeeping of client property), to the disposition of funds the lawyer can no longer return because the client cannot be found. The committee directed that such funds be handled under the Uniform Unclaimed Property Act, RCW 63.29, rather than left in trust indefinitely or treated as the lawyer's own.
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.14 (safekeeping of client property; trust accounts), corresponding to Model Rule 1.15.
Statutes:
- RCW 63.29 (Uniform Unclaimed Property Act).
See also
- WSBA Ethics Op. 1029: trust funds for multiple clients who cannot be reached for distribution instructions
- Alabama Ethics Op. 1988-92: unclaimed client trust funds escheat to the state
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=208
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1128
Year Issued: 1987
RPC(s): RPC 1.14; RCW 63.29
Subject: Unclaimed trust funds; missing client
The Committee was of the opinion that when a lawyer held funds in his trust account for a client whose whereabouts are unknown, the lawyer is obliged to follow the requirements of the Uniform Unclaimed Property Act, RCW 63.29.
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