WA · rules
Wash. R. for Enforcement of Lawyer Conduct 7.7
Appointment of Custodian to Protect Clients' Interests
(a) Custodians Allowed. The Chair, on motion by disciplinary counsel or any other
interested person, may appoint one or more lawyers or Association counsel as a custodian to act
as counsel for the limited purpose of protecting clients’ interests. A custodian may be appointed
whenever a lawyer (1) has been transferred to disability inactive status, suspended, or disbarred,
and fails to carry out the obligations of Title 14 or fails to protect the clients' interests, or (2)
disappears, dies, abandons practice, or is otherwise incapable of meeting the lawyer’s obligations
to clients. A custodian should not be appointed if a partner, personal representative, or other
responsible person appears to be properly protecting the clients’ interests. The Chair may enter
orders to carry out the provisions and purposes of this rule.
(b) Duties. The custodian takes possession of the necessary files and records and takes
action as seems indicated to protect the clients' interests or required by the Chair’s orders or
these rules. Such action may include but is not limited to assuming control of trust accounts or
other financial affairs. Any bank or other person honoring the authority of the custodian is
exonerated from any resulting liability. In determining ownership of funds in the trust account,
including by subrogation or indemnification, the custodian should act as a reasonably prudent
lawyer maintaining a client trust account. The custodian may rely on a certification of ownership
issued by a person who conducts audits for the Association under rule 15.1. If the client trust
account does not contain sufficient funds to meet known client balances, the custodian may
disburse funds on a pro rata basis.
(c) Discharge. On motion by disciplinary counsel or any interested person, the Chair may
discharge the custodian from further duties. The Chair may also order destruction of files and
records as appropriate.
(d) Fees and Costs. Payment of any fees and costs incurred by the Association under this
rule may be a condition of reinstatement of a disbarred or suspended lawyer or a lawyer
transferred to disability inactive status, ordered as restitution in a disciplinary proceeding for
failure to comply with rule 14.1, or claimed against the estate of a deceased or adjudicated
incapacitated lawyer.
(e) Records. The Bar Association maintains record of the custodianship permanently. The
custodian maintains files and papers obtained as custodian until otherwise ordered by the Chair.
History
[Adopted effective October 1, 2002; Amended effective January 1, 2014.]
Provenance
- Source
- www.courts.wa.gov
- Retrieved
- 2026-09-16
- Edition
- 2026-09-16
- Content hash
f612794877b768492f52046ae4bd1546eea2dc3174df8e3612bde64b17435567
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