20030030 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 20030030

Rules: 4–1.2; 4–1.4

Client-Lawyer Relationship

Scope of Representation; Communication

Subject: Communication; Scope of Representation; Settlement of Case

Summary: inability to locate client

QUESTION: Attorney’s elderly client was injured in an automobile accident. The client has left the area. Attorney has made numerous attempts to locate the client but has been unable to do so. The judge wants to move the case along. What does Attorney do since the client cannot be located?

ANSWER: If Attorney was given authorization to settle on specific terms, Attorney may settle. If Attorney is unable to settle the case, Attorney could try the case in the client’s absence. Otherwise, Attorney should continue taking reasonable steps to locate the client. Attorney may be able to locate the names of the client’s relatives in medical records. Attorney should check to see whether the Social Security Administration can be of assistance.

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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