Informal Opinion Number: 20050020

Rules: 4-1.6
Client-Lawyer Relationship
Confidentiality of Information

Reference Note: Effective July 1, 2007, Rule 4-1.6 was amended.  This opinion is based on Rule 4-1.6 in effect prior to that date.

QUESTION: May Attorney file suit against clients who owe Attorney substantial fees, to collect those fees?

ANSWER: Attorney may file suit to collect attorney fees owed. Under Rule 4-1.6(b)(2), Attorney may disclose information obtained in the course of representing the client only to the extent reasonably necessary to establish the claim.

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.

To request an Informal Opinion, please visit: https://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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