WSBA 1989

Must a lawyer release stored documents to a former client who requests them?

Short answer: The committee was of the opinion that RPC 1.14(b)(4) requires the lawyer to provide the former client all property the client is entitled to receive, and it directed attention to Formal Opinion 181.

Apply this to your situation

This page answers the general question as of 1989. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.

Disclaimer: Advisory only. Not binding precedent.

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) is the authoritative source for any reliance.

Plain-English summary

A lawyer asked about obligations to a former client who had requested release of documents the lawyer held in storage. The committee was of the opinion that RPC 1.14(b)(4) requires the lawyer to provide the client all property which the client is entitled to receive. The committee also wanted to call the lawyer's attention to Formal Opinion 181.

Currency note

This opinion was issued in 1989, before the Washington State Bar Association's adoption of the 2006 revisions to the Washington Rules of Professional Conduct. In Washington's pre-2006 numbering, the safekeeping-of-property rule was RPC 1.14, corresponding to ABA Model Rule 1.15. 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 Treat this page as historical context, not current guidance.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: Does a lawyer have to return a former client's stored files on request?

A: Under this 1989 opinion, the lawyer must provide all property the client is entitled to receive, per RPC 1.14(b)(4).

Q: Which rule governs the duty to return client property?

A: RPC 1.14(b)(4) in Washington's pre-2006 numbering, the safekeeping-of-property rule that corresponds to ABA Model Rule 1.15.

Q: What additional authority did the committee cite?

A: It directed the lawyer's attention to Formal Opinion 181.

Background and rules framework

In Washington's pre-2006 numbering, RPC 1.14 was the rule on safekeeping client property, corresponding to ABA Model Rule 1.15. RPC 1.14(b)(4) requires a lawyer, on request by the client, to promptly deliver property the client is entitled to receive. The committee applied that provision to a former client's request for documents held in storage and pointed to Formal Opinion 181 for further guidance.

Citations and references

Rules of Professional Conduct:

ABA Model Rule 1.15 (safekeeping property)
Washington RPC 1.14(b)(4) (pre-2006 safekeeping-of-property rule)

Other authority:

WSBA Formal Opinion 181, cited by the committee.

Source

Landing page: https://ao.wsba.org/print.aspx?ID=364

Original opinion text

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

The Committee reviewed your inquiry concerning your obligations to a former client who has requested that you release documents to him which you have in storage. The Committee was of the opinion that RPC 1.14(b)(4) requires that you provide to your client all property which the client is entitled to receive. The Committee also wanted to call your attention to Formal Opinion 181.

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