Ezel / Ethics Opinions / MOLEC

May a lawyer sue a client for unpaid legal fees and disclose representation information to establish the claim?

Short answer Yes. The opinion permits a fee-collection suit and allows disclosure of information obtained during the representation only to the extent reasonably necessary to establish the claim under Rule 4-1.6(b)(2).
Bar
MOLEC
Issued
2005

Apply this to your situation

This page answers the general question as of 2005. 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 2005
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

The lawyer asked whether substantial unpaid fees could be collected through a suit against former clients.

The opinion permits the suit. Under Rule 4-1.6(b)(2), it permits disclosure of information learned in the representation only to the extent reasonably necessary to establish the fee claim.

In practice

The opinion permits the collection action while limiting disclosure of representation information to what is reasonably necessary for the claim.

Common questions

Q: May the lawyer sue to collect owed fees?

A: Yes. The opinion expressly permits a fee-collection suit.

Q: How much confidential information may be disclosed?

A: Only what is reasonably necessary to establish the claim under Rule 4-1.6(b)(2).

Background and rules framework

The opinion applies Rule 4-1.6(b)(2) to disclosure in a lawyer’s fee-collection suit.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-1.6

See also

Source

Original opinion text

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

QUESTION: May Attorney file suit against clients who owe Attorney substantial fees, to collect those fees?

ANSWER: Attorney may file suit to collect attorney fees owed. Under Rule 4–1.6(b)(2), Attorney may disclose information obtained in the course of representing the client only to the extent reasonably necessary to establish the claim.

What do the rules say today, for your facts?

This opinion is from 2005. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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