Ethics Hotline & Opinions

ETHICS DOCKET NO. 1988-26

"

MARYLAND STATE BAR ASSOCIATION, INC.

COMMITTEE ON ETHICS

ETHICS DOCKET NO. 1988-26

Clients: Disposition of Wills Where Client Cannot Be Located


  You request advice concerning the disposition of wills for past clients whose current address and status is unknown. Your question points out the problem which can arise when lawyers retain the original wills for clients.

  While the Maryland Rules of Professional Conduct do not directly address this issue, Ethic's Opinion 85-77 deals with the disposition of files and is enclosed for your convenience.

  Since your firm, through past association, has undertaken to retain these wills for your clients, you cannot ethically discard or destroy these documents. However, you may wish to deposit the wills with the Register of Wills for safekeeping and note their location in the respective client files.

 

 

References: Ethics Docket  1985-77


"
DISCLAIMER: Opinions of the Maryland State Bar Association (MSBA) Ethics Committee are an uncompensated service of the MSBA. This Committee’s opinions are not binding on the Maryland Court of Appeals, Maryland Attorney Grievance Commission, MSBA or this Committee. The reader is advised that subsequent judicial opinions, revisions to the rules of professional conduct, and future opinions of this Committee may render the Opinions stated herein outdated. As such, the Committee’s opinions are advisory only and neither the Committee nor the MSBA assumes any liability whatsoever with respect thereto. Accordingly, reliance upon the opinions of this Committee is solely at the risk of the user.