After termination, which duty does the attorney owe regarding property, papers, and unearned fees?

After termination, which duty does the attorney owe regarding property, papers, and unearned fees?

• A. Return property, papers, and unearned fees
• B. Keep retainer
• C. Discharge
• D. Return papers only

Answer: (A)

When the attorney–client relationship ends, the attorney must promptly return the client’s property and all papers in the attorney’s possession, and refund any money that has been paid in advance and not yet earned. The client owns those papers and materials, so they cannot be withheld as leverage for fees. Any unearned portion of a retainer or other advance payment must be returned to the client; only the earned fees may be kept as compensation for work already performed. Returning both property and unearned fees is the correct duty. Keeping the retainer or returning only papers would ignore the obligation to refund unearned funds, and calling for the act of discharge misses the specific duty to return property and funds.

When the attorney–client relationship ends, the attorney must promptly return the client’s property and all papers in the attorney’s possession, and refund any money that has been paid in advance and not yet earned. The client owns those papers and materials, so they cannot be withheld as leverage for fees. Any unearned portion of a retainer or other advance payment must be returned to the client; only the earned fees may be kept as compensation for work already performed. Returning both property and unearned fees is the correct duty. Keeping the retainer or returning only papers would ignore the obligation to refund unearned funds, and calling for the act of discharge misses the specific duty to return property and funds.