20000007 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000007

Rules: 4–1.15

Client-Lawyer Relationship

Trust Accounts and Property of Others

Subject: Trust Accounts and Safekeeping Property

Summary: unable to locate client to refund funds from the trust account

Reference Note: Effective July 1, 2016, subdivision 4 dash–1.15(f) of Rule 4 was repealed and a new subdivision 4 dash–1.15(f) adopted in lieu thereof. This opinion is based on Rule 4 dash–1.15 in effect prior to that date.

Reference Note: Rule 4 dash–1.15 was amended, effective July 1, 2013. This opinion is based on the rule in effect prior to that date. Please see the July 1, 2013 version of Rule 4 dash–1.15.

QUESTION: Attorney settled Client´s case. As part of the settlement, Attorney wrote a check to a medical facility for care Client received. The payment turned out to be an overpayment and Attorney received a refund from the medical facility several years after the payment was made. Attorney has tried repeatedly to contact Client by mail, but has had no luck. Attorney has been unable to locate an address or telephone number for Client. Attorney contacted a private detective, but the private detective indicated that they would charge more than the funds that they have to locate Client. How should Attorney proceed?

ANSWER: Attorney must continue to make all reasonable efforts to locate Client. If Attorney has not been able to locate Client by the time the escheat statute takes effect, Attorney may follow that statute to dispose of the funds. In the meantime, Attorney must keep the funds in a trust account.

Informal Opinions are ethics advisory opinions issued by the Office of Legal Ethics Counsel to members of the Bar about Rule 4 (Rules of Professional Conduct), Rule 5 (Complaints and Proceedings Thereon), and Rule 6 (Fees to Practice Law) pursuant to Missouri Supreme Court Rule 5.30(c). Written summaries of select Informal Opinions are published for informational purposes as determined by the Advisory Committee of the Supreme Court of Missouri pursuant to Rule 5.30(c). Informal opinion summaries are advisory in nature and are not binding. These opinions are published as an educational service and do not constitute legal advice.

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