20010069 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri



Informal Opinion Number: 20010069

Rules: 4–1.5

Client-Lawyer Relationship

Fees

Subject: Fees - Generally

Summary: charging fee for handling med pay claim

QUESTION: Attorney recently heard that it is unethical to charge a fee on med pay unless the claim is contested. Is this true? Attorney believes that Attorney is going to have to litigate a client’s claim under the client’s medical payments coverage. Are there any ethical rules on this question?

ANSWER: Attorney may charge a fee that is appropriate in light of the effort involved in collecting. Normally, collecting medical payments coverage requires very little effort, so many attorneys do not charge for this in addition to a fee for other work in the case. If it is clear that the medical payments coverage will involve substantial effort by the attorney, it is permissible to charge a fee that reasonably relates to the effort anticipated, including a contingent fee, in some cases. In the end, the actual fee must be reasonable.

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.

Request an Informal Opinion.