Question: May an Attorney for a workers’ compensation claimant ethically plead, as the average weekly wage for the claim, the maximum amount allowed by law, where Attorney is not aware at the time of pleading the claimant’s average weekly wage, and where upon receiving a wage statement from the employer/insurer, Attorney submits the actual average weekly wage to the court prior to disposition?

Answer: Rule 4-3.1 prohibits Attorney from asserting an issue in a proceeding unless there is a basis in law and fact for doing so that is not frivolous.  Rule 4-3.3 prohibits Attorney from knowingly making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact previously made to a tribunal by Attorney.  An administrative agency acting in an adjudicative capacity is a tribunal per Rule 4-1.0(m).  It is Attorney’s obligation to ensure that all information Attorney provides to the tribunal on the claim form is in accord with Attorney’s duties under Rules 4-3.1 and 4-3.3.

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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