990130 | Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri

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Informal Opinion Number: 990130

Rules: 4–1.4(b); 4–1.7(b);

Client-Lawyer Relationship

Communication

Subject: Communication with Clients; Fees - Generally

Summary: including arbitration clause in fee agreement

Reference Note: Effective July 1, 2007, Rule 4 dash–1.7 was amended. This opinion is based on Rule 4 dash–1.7 in effect prior to that date.

Reference Note: Effective July 1, 2007, Rule 4 dash–1.8 was amended. This opinion is based on Rule 4 dash–1.8 in effect prior to that date. Rule 4 dash–1.8(h) and its relevant comment should be consulted

QUESTION: Attorney would like to put a binding arbitration provision in Attorney´s fee agreement providing that all disputes between Attorney and Attorney´s client would be arbitrated. Is this prohibited?

ANSWER: Attorney may include a binding arbitration agreement in Attorney´s fee agreements without violating Supreme Court Rule 4. However, under Rules 4 dash–1.4(b) and 4 dash–1.7(b), Attorney has an obligation to orally point out this provision and to explain it, to the extent necessary for the individual client.

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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