Informal Opinion Number: 970215

Reference Note: Effective July 1, 2016, subdivision 4-1.15(f) of Rule 4 was repealed and a new subdivision 4-1.15(f) adopted in lieu thereof. This opinion is based on Rule 4-1.15 in effect prior to that date.

Reference Note:  Rule 4-1.15 was amended, effective July 1, 2013.  This opinion is based on the rule in effect prior to that date.  Please see the July 1, 2013 version of Rule 4-1.15.

QUESTION: Attorney represents a client in a slip and fall matter. During the course of representation, the client contacted Attorney about an unrelated loan that was delinquent. At the client´s request the Attorney sent a letter to the credit company agreeing to pay off the loan out of any settlement that may be obtained on behalf of the client. The client´s claim was settled and the amount of the loan is in Attorney´s trust account. The client has asked Attorney not to pay the credit company. What is Attorney´s ethical duty? ANSWER: Under the circumstances which Attorney has described, including Attorney´s letter to the credit company, Attorney may not disburse the disputed funds to the client, without the credit company´s consent. Attorney may hold the funds in Attorney´s trust account for a reasonable period of time to allow for the client and the credit company to come to a settlement. Attorney should notify Attorney´s client and the credit company that, if the client does not consent to full disbursement or if the client and the financial institution cannot come to some other agreement regarding disbursement, Attorney will file an interpleader action. Attorney should file the interpleader action within a reasonable period of time unless good faith efforts toward a resolution are in progress.

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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