Informal Opinion Number: 940203

QUESTION: The firm proposes to retain a debt collection agency to collect delinquent attorney fees. If the law firm may retain such an agency, may it disclose: (a) the name of the client; (b) client´s address; (c) amount payable by the client; (d) description of the services provided including billing memoranda and time sheets; (e) materials within the client´s file; (f) information in the firm´s possession about the client such as financial status, assets, etc.? ANSWER: The information in (a) through (d) generally may be disclosed unless the circumstances of the representation are such that the client could reasonably expect it to be confidential. The information in (e) and (f) may only be disclosed when, and to the extent, it has been placed in issue by the client´s response to the collection efforts.

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: http://mo-legal-ethics.org/for lawyers/requesting-an-informal-advisory-opinion/.

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