Can a lawyer sell a client's property in the lawyer's possession to satisfy a judgment for unpaid fees?
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This page answers the general question as of 1986. Ezel answers yours: whether it's allowed on your facts, under the current rules of professional conduct in your state, with citations.
Plain-English summary
The inquiry asked whether a lawyer could sell client property in the lawyer's possession and apply the funds against a judgment for fees. The committee concluded the lawyer could not do so without the client's consent or other lawful authority permitting the lawyer to convert the value of that property to the lawyer's own use.
The committee added that it was sending the inquirer a copy of a proposed formal opinion on attorney's liens that the committee was then submitting to the Board of Governors. The opinion did not itself resolve the lien question.
Currency note
This opinion was issued in 1986, before the 2006 revisions to the Washington 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 Treat this page as historical context, not current guidance.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.
Common questions
Q: Can a lawyer holding a client's property sell it to cover unpaid fees?
A: No. The committee concluded the lawyer could not sell client property in the lawyer's possession and apply the proceeds to a fee judgment without the client's consent or other lawful authority to convert the property's value to the lawyer's own use.
Q: What made the self-help conversion improper?
A: The committee framed it as converting the value of client property to the lawyer's own use, which it said required the client's consent or other lawful authority.
Q: Did the committee address attorney's liens?
A: Not in this opinion. The committee said it was sending the inquirer a proposed formal opinion on attorney's liens that it was submitting to the Board of Governors.
Background and rules framework
The opinion addressed a lawyer's use of client property in the lawyer's possession to satisfy a fee judgment. It did not cite a specific Rule of Professional Conduct; the committee resolved the question on the principle that a lawyer cannot convert the value of client property to the lawyer's own use without the client's consent or other lawful authority, and it referred the inquirer to a forthcoming formal opinion on attorney's liens.
Citations and references
Rules of Professional Conduct:
- None cited in the opinion.
Other opinions cited:
- A then-proposed WSBA formal opinion on attorney's liens, submitted to the Board of Governors.
See also
- WSBA Ethics Op. 991: client funds must be deposited in a trust account
- CA Bar Ethics Op. 2006-170: a charging lien in a contingency-fee agreement
Source
- Landing page: https://ao.wsba.org/print.aspx?ID=105
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Advisory Opinion: 994
Year Issued: 1986
RPC(s):
Subject: Use of client property in lawyer's possession to satisfy lawyer's judgment against client
The Committee considered your inquiry regarding the propriety of a lawyer selling client property in his possession and applying the funds against a judgment for fees. The Committee was of the opinion that you could not do so without client consent or other lawful authority permitting you to convert the value of that property to your own use. The Committee directed that I send you a copy of the enclosed proposed formal opinion which the Committee is submitting to the Board of Governors regarding attorney's liens.
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