Question: Lawyer is pursuing an action for unpaid fees against Former Client. Lawyer asks whether it is permissible to present or discuss the factual basis, including disclosure of the time entries, associated with a claim against Former Client for payment of Lawyer’s fees before the court?

Answer: Lawyer is permitted to make limited disclosures to establish Lawyer’s fee as provided in Rule 4 dash–1.6(b), which states that “[a] lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: … (3) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client….” Further, Comment [9] to Rule 4 dash–1.6 states: “A lawyer entitled to a fee is permitted by Rule 4 dash–1.6(b)(3) to prove the services rendered in an action to collect it. This aspect of the rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary.” Missouri Informal Opinion 2013 dash–02 addresses a similar factual scenario and encourages lawyers to consider protective measures as described in Comment [12] to Rule 4 dash–1.6. This includes limiting access to information to the tribunal or other persons having a need to know it, or the use of appropriate protective orders or other arrangements be taken to limit the information revealed to establish the claim. It is also important to note that Missouri Informal Opinion 2015 dash–09 provides that fees paid by clients are confidential, hence the need for the protective measures described in Comment [12] to Rule 4 dash–1.6.

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