May a lawyer stop work or refuse client-requested depositions because the client has not reimbursed earlier deposition expenses?

Plain-English summary

The lawyer believed additional depositions requested by the client would help but were not essential, while the client had not paid for prior depositions as agreed. Rule 4-1.2 requires consultation with the client about the means of pursuing the client’s objectives, including whether to take more depositions.

If the lawyer concludes after consultation that the additional depositions are not the best tactical choice, the lawyer must inform the client. Under Rule 4-1.16, nonpayment of agreed expenses may support withdrawal after warning that failure to pay will result in withdrawal. The opinion expressly rejects stopping work until reimbursement.

In practice

The opinion separates the deposition decision from the unpaid expense problem. It requires consultation and notice of the tactical decision and permits warned withdrawal, while ruling out a reimbursement-based work stoppage.

Common questions

Q: Can the lawyer simply stop work pending reimbursement?

A: No. The opinion expressly says that is impermissible.

Q: When may the lawyer withdraw for unpaid deposition expenses?

A: After warning the client that failure to meet the agreed reimbursement obligation will result in withdrawal.

Q: Must the lawyer take every requested deposition?

A: The opinion requires consultation and communication of the lawyer’s decision after considering whether the depositions best advance the client’s objectives.

Background and rules framework

Rule 4-1.2 governs consultation about the means of representation. Rule 4-1.16 governs withdrawal for failure to meet an agreed expense obligation after warning.

Citations and references

Missouri Rules of Professional Conduct:

• Rules 4-1.2 and 4-1.16

See also

• Missouri Informal Op. 2014-01: Withdrawal and Attorney Lien

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/2011-08/

Original opinion text

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

Question: May Attorney refuse to take additional depositions requested by Client, where Attorney believes the depositions will be helpful but not essential to competent representation, and where Client has failed to fulfill his duty under the fee agreement to compensate attorney for previous depositions in the case?

Answer: Under Rule 4–1.2, Attorney must consult with Client regarding the means used to pursue Client’s objectives, including whether additional depositions should be taken. If Attorney does not believe, after consulting with Client, that taking additional depositions is the best tactical decision for achieving Client’s objectives, Attorney must inform Client of that decision. Pursuant to Rule 4–1.16, if Client is not reimbursing Attorney for expenses as agreed, Attorney may withdraw from the representation after warning Client that failure to fulfill the obligation will result in Attorney’s withdrawal. It is not permissible for Attorney to stop working on the case until Attorney is reimbursed.