Which trust-account rules must a lawyer licensed in Washington and another state follow when the rules conflict?

Plain-English summary

The inquiry concerned multi-state practice trust-account procedures. The committee determined that the general rule stated in Informal Opinion 959 is valid under RPC 1.14, and that each dual-licensed Washington attorney is required to adhere to the Washington trust-account procedures when using the Washington license while representing a client and receiving funds. The committee stated there is no exception to the general rule.

The committee added that when the attorney is using another state's license, a primary element of the general rule is not met, so by the exercise of ordinary prudence the attorney must determine, on a case-by-case basis, whether the Washington license is being used.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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 1.14 corresponded to ABA Model Rule 1.15 (safekeeping property, including client trust accounts). Verify the current rule numbering before relying on the citation here.

Common questions

Q: Which trust-account rules apply when a lawyer is licensed in Washington and another state?

A: The committee concluded the lawyer must follow Washington trust-account procedures under RPC 1.14 whenever the Washington license is used to represent a client and receive funds, with no exception.

Q: How does the lawyer know which license is being used?

A: The committee said that when using another state's license a primary element of the general rule is not met, so by ordinary prudence the attorney must determine, case by case, whether the Washington license is being used.

Background and rules framework

The opinion applied RPC 1.14 (safekeeping property; client trust accounts), which at the time corresponded to ABA Model Rule 1.15, and relied on Informal Opinion 959. The committee made the duty to follow Washington trust-account procedures turn on whether the Washington license is being used on the matter.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.15 (safekeeping property); Washington RPC 1.14

Other opinions cited:

• WSBA Informal Opinion 959: the general rule on trust-account procedures, held valid under RPC 1.14.

See also

• WSBA Ethics Op. 1029: Trust Funds, Unreachable Clients
• WA Ethics Op. 1831: Proposed Nationwide Internet Law Firm

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=993

Original opinion text

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

Advisory Opinion: 1800
Year Issued: 1998
RPC(s): RPC 1.14; Informal Opinion 959
Subject: Multi-state practice; compliance with conflicting trust account rules

The Committee researched and reviewed your inquiry concerning multi-state practice trust account procedures and determined the following:

The general rule stated in Informal Opinion 959 is valid under Rule of Professional Conduct 1.14. Each dual-licensed Washington attorney is required to adhere to the Washington trust account procedures when using the Washington license while representing a client and receiving funds. There is no exception to the general rule. In addition, when the attorney is using another state's license, a primary element of the general rule is not met. Therefore, by the exercise of ordinary prudence, the attorney must determine whether the Washington license is being used on a case by case basis.