Question: May Attorney ethically file against Former Client or against Client upon withdrawal a Notice of Attorney’s Lien and Motion for Judgment on Attorney’s Lien for unpaid attorney’s fees and collect on the lien or judgment?
Answer: Pursuant to Rule 4-1.5, all fees agreed to, charged, or collected, including those asserted via an attorney’s lien, must be reasonable, and their bases must be communicated in accordance with Rule 4-1.5. The rule also requires Attorney to conscientiously consider participating in the appropriate fee dispute resolution program if a fee dispute has arisen between Attorney and Client. Rule 4-1.8(i) expressly prohibits the filing of an unfounded attorney’s lien or one that is invalidly asserted under Missouri law. The rule does permit Attorney’s acquisition of a lien “authorized by law” to secure fees and expenses. Proper bases for a valid attorney’s lien and the procedures for its filing and collection are governed by statute and relevant case law and are outside the scope of the Rules of Professional Conduct. When withdrawing from representation, Attorney should be mindful to follow all obligations in Rule 4-1.16, including giving adequate notice to Client, giving required notice to or seeking required permission from the tribunal, and taking reasonable steps upon termination to protect Client’s interests.

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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