20000188 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20000188

Rules: 4–1.15

Client-Lawyer Relationship

Trust Accounts and Property of Others

Subject: Trust Accounts and Safekeeping Property

Summary: lawyer's duty to lienholder when lawyer did not agree to protect lienholder's interest

Reference Note: Effective July 1, 2016, subdivision 4 dash–1.15(f) of Rule 4 was repealed and a new subdivision 4 dash–1.15(f) adopted in lieu thereof.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 handled a personal injury claim for Client. Client signed a Notice of Doctor´s Lien and a Authorization, Assignment and Release Form. Attorney did not sign either of these documents. Attorney did not withhold monies from Client´s settlement to pay the doctor bill and the doctor involved is threatening to file a complaint against Attorney. Did Attorney act in the appropriate manner and what should be done to rectify the situation?

ANSWER: Attorney did not agree, orally or in writing, to protect the doctor´s interest. This office cannot give Attorney an opinion on past conduct. Under these circumstances, Attorney does not need to take any action to rectify the situation, from the standpoint of the Rules of Professional Conduct. This opinion does not address whether Attorney may have any liability to the doctor under other laws.

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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