Ethics-Governance: Article: http://www.wsba.org/media/publications/barnews/ethics/mar-98-ethics.htm

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http://www.wsba.org/media/publications/barnews/ethics/mar-98-ethics.htm Ethics And The Law: Files: What To Do With Them So They Don't Do You In by Barrie Althoff, WSBA Chief Disciplinary. Counsel Opinions expressed herein are the author's and are not official or unofficial WSBA positions. Lawyers create mountains of files. During our client representation, questions seldom arise about file ownership, possession, or disposition, or about the costs of copying or delivering files. These questions arise regularly, however, when we conclude a representation, are in a dispute with our client (often due to the client's failure to pay our fees), or when we move to a different firm, dissolve a firm, or leave the practice of law. This article reviews some applicable rules and suggests some ways to manage your files. The Rules Washington's Rules of Professional Conduct ("RPCs") provide little direct or practical guidance on file possession, disposition or costs of copying and delivery. RPC 1.1 requires you to be competent, which includes being able to manage files. RPC 1.5 requires your fees to be reasonable, which includes a reasonable and fair disclosure to your client of the material elements of the fee agreement and your billing practices. RPC 1.6 requires you to preserve your client's confidences and secrets. Since file disputes often arise when you are being substituted out without being paid for your services and with the possibility of claims against you by your client, the conflict of interest provisions of RPCs 1.7, 1.8 and 1.9 may apply. These generally prohibit you from putting your own interests before your client's or, in certain cases, former clients. Full Article: http://www.wsba.org/media/publications/barnews/ethics/mar-98-ethics.htm


2006 Ethics-Governance.com