Can a lawyer keep personal funds, such as proceeds from a personal real estate deal, in the client trust account?
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This page answers the general question as of 1985. Ask about yours and see what the current Washington Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The committee reaffirmed a settled point about trust accounts. Drawing on RPC 1.14(a), paragraph I(4) of the trust account guidelines, and Informal Opinion 799, it stated that it should be clear to all lawyers that personal funds may not be commingled with client funds in a trust account, including funds obtained as a result of personal real estate transactions. The committee said it was merely reaffirming Informal Opinion 799, a copy of which it enclosed.
Currency note
This opinion was issued in 1985, before the 2006 revisions to the Washington Rules of Professional Conduct. The trust-account rule was later renumbered, and the trust account guidelines and IOLTA framework have changed since. Treat this page as historical context, not current guidance.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: Can a lawyer hold personal money in the client trust account?
A: No. The committee reaffirmed that lawyers may not commingle personal funds with client funds in a trust account.
Q: Does the source of the personal funds matter, for example money from a personal real estate deal?
A: The committee specifically said the prohibition includes funds obtained as a result of personal real estate transactions.
Background and rules framework
The opinion rests on Washington RPC 1.14(a), the then-current trust-account and safekeeping-of-property rule (corresponding to Model Rule 1.15(a)), read together with paragraph I(4) of the trust account guidelines and the committee's earlier Informal Opinion 799. The committee treated the anti-commingling principle as already established and used this opinion to reaffirm it.
Citations and references
Rules of Professional Conduct:
- Washington RPC 1.14(a) (safekeeping property; trust accounts), corresponding to Model Rule 1.15(a).
Other authority referenced:
- Trust Account Guidelines, paragraph I(4).
- WSBA Informal Opinion 799 (reaffirmed by this opinion).
See also
- WSBA Ethics Op. 1010: trust-account interest earned before the IOLTA rule
- WSBA Ethics Op. 845: ownership of interest on a trust account
- CA COPRAC Op. 1975-036: improperly transferring client trust funds to the lawyer's general account
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=60
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 949
Year Issued: 1985
RPC(s): RPC 1.14 (a), Trust Account Guidelines Para I (4), Informal Opinion 799
Subject: (Needs language)
The Committee was of the opinion that it should be clear to all lawyers from RPC 1.14 (a), the trust account guidelines paragraph I (4) and informal opinion 799, that lawyers may not commingle personal funds with client funds in a trust account, including funds obtained as a result of personal real estate transactions. Therefore, the Committee merely reaffirms informal opinion 799, a copy of which is enclosed.
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