2011-08 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 2011-08

Rules: 4–1.2; 4–1.16

Client-Lawyer Relationship

Scope of Representation

Subject: Discovery; Scope of Representation; Withdrawal from Representation

Summary: consultation with client regarding means used to pursue objectives, withdrawal for lack of payment of expenses

Question: May Attorney refuse to take additional depositions requested by Client, where Attorney believes the depositions will be helpful but not essential to competent representation, and where Client has failed to fulfill his duty under the fee agreement to compensate attorney for previous depositions in the case?
Answer: Under Rule 4 dash–1.2, Attorney must consult with Client regarding the means used to pursue Client’s objectives, including whether additional depositions should be taken. If Attorney does not believe, after consulting with Client, that taking additional depositions is the best tactical decision for achieving Client’s objectives, Attorney must inform Client of that decision. Pursuant to Rule 4 dash–1.16, if Client is not reimbursing Attorney for expenses as agreed, Attorney may withdraw from the representation after warning Client that failure to fulfill the obligation will result in Attorney’s withdrawal. It is not permissible for Attorney to stop working on the case until Attorney is reimbursed.

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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