Ezel / Ethics Opinions / MOLEC

What may a lawyer do when a personal-injury client cannot be found as litigation progresses?

Short answer The opinion permits settlement if the client previously authorized specific terms. Otherwise, it says the lawyer could try the case without the client or continue reasonable efforts to locate the client.
Bar
MOLEC
Issued
2003

Apply this to your situation

This page answers the general question as of 2003. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2003
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

A personal-injury client had left the area and the lawyer could not locate the client despite repeated efforts. The judge wanted the case to progress.

The opinion permits settlement only if the client had authorized specific terms. If settlement is unavailable, it says the lawyer could try the case without the client or continue reasonable efforts to locate the client, including using relatives' names in medical records or asking whether Social Security can help.

In practice

The opinion ties settlement to previously specified client authorization and identifies trial or further location efforts if settlement is not possible.

Common questions

Q: May the lawyer settle without new contact?

A: Only if the client previously authorized settlement on specific terms.

Q: What if no settlement can be reached?

A: The opinion says the lawyer could try the case in the client's absence or continue reasonable efforts to find the client.

Background and rules framework

The published answer discusses authority and communication with an unreachable client but cites no numbered rule.

See also

Source

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney’s elderly client was injured in an automobile accident. The client has left the area. Attorney has made numerous attempts to locate the client but has been unable to do so. The judge wants to move the case along. What does Attorney do since the client cannot be located?

ANSWER: If Attorney was given authorization to settle on specific terms, Attorney may settle. If Attorney is unable to settle the case, Attorney could try the case in the client’s absence. Otherwise, Attorney should continue taking reasonable steps to locate the client. Attorney may be able to locate the names of the client’s relatives in medical records. Attorney should check to see whether the Social Security Administration can be of assistance.

What do the rules say today, for your facts?

This opinion is from 2003. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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