Can a lawyer send clients a letter reserving the right to destroy their file if they do not pick it up within two weeks?

Plain-English summary

The inquiring lawyer proposed sending clients a letter stating that, after reviewing the file, no further legal services were indicated; that the file would be marked "closed"; that it was the firm's policy not to keep the file; that the client should pick up the file within two weeks and identify which papers to remove; and that, if the firm did not hear from the client within two weeks, it would reserve the right to destroy the file at its earliest convenience or discretion. The committee was asked whether sending the letter is permissible under the Rules.

The committee concluded that it is a violation of RPC 1.15(d) to send such a letter, and it referred the lawyer to page 44 of the August 1997 issue of "Bar News."

Currency note

This opinion was issued in 1997, 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 Treat this page as historical context, not current guidance.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. At the time of this opinion, Washington's RPC 1.15 corresponded to ABA Model Rule 1.16 (declining or terminating representation); subsection (d) addresses surrendering papers and property to which the client is entitled. In the 2006 renumbering these subjects moved, so verify the current rule before relying on the citation here.

Common questions

Q: Can a lawyer tell clients their file will be destroyed if not picked up within two weeks?

A: The committee concluded that sending the proposed letter is a violation of RPC 1.15(d).

Q: Where did the committee point the lawyer for further guidance?

A: The committee referred the lawyer to page 44 of the August 1997 issue of "Bar News."

Background and rules framework

The opinion applied RPC 1.15(d), which at the time corresponded to ABA Model Rule 1.16(d) (the duty on terminating a representation to surrender papers and property to which the client is entitled). The committee treated the proposed two-week destruction notice as inconsistent with that duty and concluded the letter would violate the rule.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.16 (declining or terminating representation), subsection (d) (surrender of papers and property); Washington RPC 1.15(d)

See also

• WSBA Ethics Op. 1060: Attorney's Lien on Client Papers
• WA Ethics Op. 1751: Auto-Withdrawal for Unpaid Fees

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=975

Original opinion text

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

Advisory Opinion: 1782
Year Issued: 1997
RPC(s): RPC 1.15(d)
Subject: Notification to client of destruction of client file

Facts Presented: The inquiring lawyer proposes to send the following letter, regarding destroying client files to clients:

"Dear Client: After reviewing your file, I have determined that no further legal services are indicated. Accordingly, we shall mark our file "closed" and do nothing further on this matter. It is our policy not to keep your file. Please pick up your file within the next two weeks and let us know which papers you want out of your file. If we do not hear from you within two weeks after this letter, then we will reserve the right to destroy your file at our earliest convenience and/or discretion."

Question Presented : Is it permissible under the Rules for the lawyer to send the letter?

Applicable Rules: RPC 1.15(d)

RPC Committee Opinion: No, it is in violation of RPC 1.15(d) to send such a letter. The committee refers the lawyer to page 44 of the "Bar News", August 1997 issue.