990091 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990091

Rules: 4–1.15

Client-Lawyer Relationship

Trust Accounts and Property of Others

Subject: Fees - Generally; Trust Accounts and Safekeeping Property

Summary: permissible actions by lawyer when client refuses to endorse settlement check

Reference Note: Effective July 1, 2016, subdivision 4 dash–1.15(f) of Rule 4 was repealed and a new subdivision 4 dash–1.15(f) adopted in lieu thereof.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

Reference Note: Rule 4 dash–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 dash–1.15.

QUESTION: Attorney represented a client in a civil matter and the client was awarded a judgment. Attorney took the matter on a contingency fee contract basis, plus expenses. The client has failed to come in and endorse the check despite several phone calls and letters. Attorney is still in possession of the unendorsed check. How can Attorney collect the fee and expenses? May Attorney have the defendant pay the amount into court and then petition the court for Attorney´s fee?

ANSWER: The only way Attorney can collect the fee and expenses is through a court proceeding. The method Attorney has proposed would not violate Supreme Court Rule 4. There may also be other procedures which would be acceptable. If Attorney believes that the client is being uncooperative because the client disputes the amount of Attorney´s fee, it may be helpful to inform the client of the availability of the fee dispute committee.

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.

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