Rule 14.1. Notice to Clients and Others; Providing Client Property

ELC 14.1

NOTICE TO CLIENTS AND OTHERS; PROVIDING CLIENT PROPERTY

(a) Providing Client Property. A lawyer who has been suspended from the practice of

law, has been disbarred, has resigned in lieu of discipline, or has been transferred to disability

inactive status must provide each client or the client’s substituted counsel upon request with the

client’s assets, files, and other documents in the lawyer’s possession, regardless of any possible

claim of lien under 60.40.RCW.

(b) Notice if Suspended for 60 Days or Less. A lawyer who has been suspended for

60 days or less under rule 13.3 must within 10 days of the effective date of the suspension:

(1) notify every client involved in litigation or administrative proceedings, and counsel for

each adverse party (or the adverse party directly if not represented by counsel), of the

suspension, that the suspension is a disciplinary suspension, and of the lawyer’s consequent

inability to act as a lawyer after the effective date of the suspension, and advise each of these

clients to seek prompt substitution of another lawyer. If the client does not substitute counsel

within 10 days of this notice, the lawyer must advise the court or agency of the lawyer's inability

to act; and

(2) notify all other clients of the suspension and consequent inability to act during the

suspension. The notice must advise the client to seek legal advice elsewhere if needed during the

suspension.

prompt substitution of another lawyer. If the client does not substitute counsel

within 10 days of this notice, the lawyer must advise the court or agency of the lawyer's inability

to act; and

(2) notify all other clients of the suspension and consequent inability to act during the

suspension. The notice must advise the client to seek legal advice elsewhere if needed during the

suspension.

(c) Notice if Otherwise Suspended, Disbarred, or Resigned in Lieu of Discipline. A

lawyer who has been disbarred, has resigned in lieu of discipline, or has been suspended for

more than 60 days, for nonpayment of dues, or under Title 7 or APR 11, APR 17, or APR 26,

must within 10 days of the effective date of the disbarment, suspension, or resignation:

(1) notify every client of the lawyer’s suspension, disbarment, or resignation in lieu of

discipline, whether a suspension is a disciplinary suspension, an interim suspension, or an

administrative suspension, and of the lawyer’s consequent inability to act as the client’s lawyer,

and advise the client to seek legal advice elsewhere;

(2) advise every client involved in litigation or administrative proceedings to seek the

prompt substitution of another lawyer. If the client does not substitute counsel within ten days of

being notified of the lawyer's inability to act, the lawyer must advise the court or agency of the

lawyer's inability to act; and

(3) notify counsel for each adverse party in pending litigation or administrative

proceedings, or the adverse party directly if not represented by counsel, of the lawyer's

suspension, disbarment, or resignation in lieu of discipline, and the lawyer’s inability to act

further on the client's behalf.

ity to act, the lawyer must advise the court or agency of the

lawyer's inability to act; and

(3) notify counsel for each adverse party in pending litigation or administrative

proceedings, or the adverse party directly if not represented by counsel, of the lawyer's

suspension, disbarment, or resignation in lieu of discipline, and the lawyer’s inability to act

further on the client's behalf.

(d) Notice if Transferred to Disability Inactive Status. A lawyer transferred to disability

inactive status, or their guardian if one has been appointed, must give all notices required by

subsection (c), except that while the notices need not refer to the specifics of the disability, the

notice must advise that the lawyer has been transferred to disability inactive status.

(e) Address of Client. All notices to lawyers, adverse parties, courts, or agencies as

required by sections (b), (c), or (d) must contain the client’s name and last known address, unless

doing so would disclose a confidence or secret of the client. If the name and address are omitted,

the client must be advised that so long as his or her address remains undisclosed and no new

lawyer is substituted, the client may be served by leaving papers with the clerk of the court under

CR 5(b)(1) in pending superior court actions, and that comparable provisions may allow similar

service in other court proceedings or administrative actions.