Must a law firm turn over a former client's time and billing records to the new lawyers now representing that client?
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This page answers the general question as of 1994. 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
A firm asked whether it is required to disclose the time and/or billing records of former clients to the attorneys presently representing those clients. The committee was of the opinion that the firm is not required to respond to a request for information unless the request is made by one of the firm's former clients.
Currency note
This opinion was issued in 1994, before the Washington State Bar Association's adoption of the 2006 revisions to the Rules of Professional Conduct. 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 Treat this page as historical context, not current guidance.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 firm have to send a former client's billing records to the client's new lawyers?
A: The committee said the firm is not required to respond to such a request unless it is made by one of the firm's own former clients.
Q: Who can compel the records under this opinion?
A: The committee framed the duty as running to the firm's former client; a request from the new attorneys, rather than from the former client, does not require a response under the opinion.
Background and rules framework
The committee addressed a firm's obligation to release time and billing records to successor counsel. It resolved the question by tying any duty to respond to a request coming from the firm's own former client, rather than from the new attorneys, and did not cite a specific RPC number in the text indexed here.
See also
- WA Ethics Op. 1060: Attorney's Lien on Client Papers
- WA Ethics Op. 1563: Fee Agreement Claiming the Client's Files
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=666
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 1585
Year Issued: 1994
RPC(s):
Subject: Disclosure of client records to client's new counsel
The RPC Committee reviewed your question of whether a law firm is required to disclose time and/or billing records of former clients to attorneys presently representing those clients. The Committee was of the opinion that your law firm is not required to respond to a request for information unless the request is made by one of your law firm's former clients.
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