Can a lawyer designate another lawyer to take over contacting clients if the lawyer becomes unavailable for an extended period?

Plain-English summary

The committee addressed a lawyer who wanted to name another lawyer to be "responsible" for the lawyer's affairs if the lawyer became absent for an extended period. The committee concluded the lawyer could do so, with the understanding that the named lawyer would simply assume the responsibility of contacting the lawyer's clients and informing them of the need for representation by a new lawyer.

On the confidentiality question, the committee concluded that, except in the case of known actual conflicts, the lawyer would not need to make any disclosure to new clients at the time of the lawyer's employment by them.

Currency note

This opinion was issued in 1986, before the 2006 revisions to the Washington Rules of Professional Conduct. RPC 1.6 on confidentiality was later amended, and Washington has since addressed practice-continuity and succession arrangements more directly by rule and comment. Treat this page as historical context, not current guidance.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 designate another lawyer to handle client contact during a long absence?

A: Yes. The committee said the lawyer could name another lawyer to be "responsible" for the lawyer's affairs during an extended absence, on the understanding that the named lawyer would contact the clients and inform them of the need for new representation.

Q: What was the named lawyer expected to do?

A: Per the opinion, the named lawyer would simply assume responsibility for contacting the clients and informing them of the need for representation by a new lawyer.

Q: Did the lawyer have to disclose this arrangement to new clients?

A: The committee said that, except in the case of known actual conflicts, the lawyer would not need to make any disclosure to new clients at the time of their employment of the lawyer.

Background and rules framework

The opinion interprets Washington RPC 1.6 as it stood in 1986, the confidentiality rule (corresponding to Model Rule 1.6). The committee applied it to a plan for a designated backup lawyer who would contact clients during an extended absence, and to whether such an arrangement required disclosure to new clients, identifying known actual conflicts as the situation that would call for disclosure.

Citations and references

Rules of Professional Conduct:

• Washington RPC 1.6 (confidentiality of information), corresponding to Model Rule 1.6.

See also

• CA COPRAC Op. 2024-209: succession planning for a lawyer's practice
• ABA Formal Op. 92-369: handling the files of a deceased sole practitioner
• FL Bar Op. 81-8: disposing of client files on closing a practice

Source

• Landing page: https://ao.wsba.org/print.aspx?ID=74

Original opinion text

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

Advisory Opinion: 963
Year Issued: 1986
RPC(s): RPC 1.6
Subject: Client confidences; designation of other lawyer to be responsible in case of lawyer's extended absence

The Committee was of the opinion that you could name another lawyer who would be "responsible" for your affairs if you were to become absent for an extended period of time with the understanding that the named lawyer would simply assume the responsibility of contacting your clients and informing them of the need for representation by a new lawyer. The Committee was of the opinion that, except in the case of known actual conflicts, you would not need to make any disclosure to new clients at the time of your employment by them.