This is regarding Rules of Professional Conduct for WA state. Although,
if anyone has come across a similar situation in your state, I would
definitely appreciate any feedback. THANK YOU!!!!
_________________________________________
I am interested if anyone is also concerned with the Ethics 2003
Recommendations for Rules of Professional Conduct for Washington State. I
have attached an excerpt (Proposed New Trust Account Rules - Rule 1.15A
Safeguarding Property), that relates directly to the "property" of a
client and how it should be maintained, along with identifying attorney
responsibilities regarding said property. Although my initial
interpretation was that "property" was indicative of trust (IOLTA)
accounts, I read in item #5 of the Suggested Amendments to Rules of
Professional Conduct (attached, p.114) and it identifies Property covered
by this Rule includes original documents affecting legal rights such as
wills or deeds. Moreover, the rule applies to Property of clients or
third persons in a lawyer's possession in connection with a representation.
I began focusing where it suggests that a lawyer must hold property of
clients and third persons separate from the lawyer's own property.
Furthermore, the recommendations also suggest that A lawyer must provide
at least annually a written accounting to a client or third person for
whom the lawyer is holding property. This is understandable as it relates
to trust accounts, but as property was defined, this also includes
original records.
I have many concerns here. Primarily where firms would be expected to
provide annual inventories of ALL original records to respective clients.
As it reads now, this is inclusive of all practice groups, not just Estate
Planning. Additionally, I'm looking for clarification regarding the
property being "separated" from the lawyer's own property (again, this
clearly makes sense with regard to trust accounts, but as property has
been defined there is no clear distinction, only room for speculation).
I'd appreciate anyone's insight -
Thank you!
I have attached the complete RPC, however links are provided below:
APPENDIX B - for the complete RPC
http://www.wsba.org/lawyers/groups/ethics2003/default.htm
Rules of Professional Conduct - Comments
http://www.courts.wa.gov/court_rules/?
fa=court_rules.adopted_display&folderID=2004Dec&fileid=home
Andrew J. SanAgustin
Records Manager
FOSTER PEPPER PLLC
1111 Third Avenue, Suite 3400
Seattle, WA 98101-3299
Phone: 206-447-7910
Fax: 206-749-2171
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