Multistate Professional Responsibility Exam Practice Question
During a lawsuit over personal items, a painting belonging to a third party was delivered to an attorney by mistake. The third party asked the attorney for the painting, but the attorney’s client does not want the painting returned. Is it acceptable for the attorney to keep the painting from the true owner under these circumstances?
Notify the owner of your possession of the painting via writing but do not facilitate returning the painting
Maintain possession of the painting, pursuant to your client's wishes
Notify the rightful owner promptly and deliver the painting as requested
Label the painting in a separate area and continue to hold it on the client’s behalf until the case concludes
Attorneys have a duty to safeguard property that belongs to non-clients, notify the rightful owner, and deliver it without undue delay when requested. Holding the painting because the client objects does not comply with that duty. An attorney cannot rely on a client’s instructions to disregard a request from the rightful owner. Storing the property while ignoring the rightful owner is also improper. Labels and disclaimers do not replace the obligation to notify and return the property.
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What are the ethical obligations of attorneys regarding client property versus third-party property?
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What should an attorney do if a client insists on retaining property that doesn't belong to them?
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