Can a lawyer settle a personal injury claim when the client has disappeared and cannot be reached?

Plain-English summary

The inquiry asked whether a lawyer retained to represent a client in a personal injury action may settle the client's claim when the client has disappeared and the lawyer has no way to contact him, and if not, what the lawyer's obligations are.

The committee concluded that the lawyer may not settle the client's claim without specific authority from the client. It stated that the lawyer should use due diligence to try to locate the client, and that if the client remains missing, the lawyer may withdraw as the attorney of record under RPC 1.15(b)(5) and (6).

Currency note

This opinion was issued in 1999, 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 Treat this page as historical context, not current guidance.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. In the 2006 revisions Washington renumbered its declining-or-terminating-representation rule (the former RPC 1.15) to RPC 1.16, tracking ABA Model Rule 1.16, so verify the current rule and citation before relying on it.

Common questions

Q: Can a lawyer settle a client's claim while the client is missing?

A: No. The committee concluded that a lawyer may not settle the client's claim without specific authority from the client.

Q: What should the lawyer do when the client cannot be found?

A: The committee said the lawyer should use due diligence to try to locate the client.

Q: What if the client still cannot be located?

A: If the client remains missing, the committee said the lawyer may withdraw as the attorney of record under RPC 1.15(b)(5) and (6).

Background and rules framework

The opinion applied Washington RPC 1.2 (scope of representation), corresponding to ABA Model Rule 1.2, under which the decision whether to settle belongs to the client. For withdrawal it applied the Washington rule then numbered RPC 1.15(b)(5) and (6), the declining-or-terminating-representation rule that corresponds to ABA Model Rule 1.16(b); the committee treated a missing client, after due diligence, as a permitted ground to withdraw.

Citations and references

Rules of Professional Conduct:

• ABA Model Rule 1.2 (scope of representation; client decides whether to settle); Washington RPC 1.2
• ABA Model Rule 1.16 (declining or terminating representation); Washington RPC 1.15(b)(5) and (6)

See also

• WSBA Ethics Op. 954: When a Client Vanishes Mid-Case
• WA Ethics Op. 1864: Missing Client, Looming Deadline

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=1066

Original opinion text

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

Advisory Opinion: 1873
Year Issued: 1999
RPC(s): RPC 1.2; 1.15(b)(5); 1.15(b)(6)
Subject: Missing client; lawyer wishes to settle claim without client authorization; withdrawal

The inquiry concerned whether a lawyer, retained to represent a client in a personal injury action, may settle the client’s claim when the client has disappeared and the lawyer has no way of contacting him. If not, what are the lawyer’s obligations.

The lawyer may not settle the client’s claim without specific authority from the client. The lawyer should use due diligence to try to locate the client and, if the client remains missing, the lawyer may withdraw as the attorney of record per RPC 1.15(b)(5) and (6).