May a Missouri lawyer file and collect an attorney’s lien for unpaid fees after withdrawal?

Plain-English summary

The lawyer asked about filing a notice of attorney’s lien and collecting unpaid fees from a current or former client. The opinion says Rule 4-1.5 requires all fees, including those claimed by lien, to be reasonable and their basis communicated under the rule. It also says the lawyer must conscientiously consider the appropriate fee dispute resolution program if a dispute arises.

Rule 4-1.8(i) prohibits an unfounded lien or one invalidly asserted under Missouri law, but permits a lien authorized by law to secure fees and expenses. The office does not decide the legal basis or filing and collection procedure; those are governed by statute and case law.

When the lawyer withdraws, the opinion points to Rule 4-1.16 obligations, including client and tribunal notice or permission where required and reasonable steps to protect the client’s interests on termination.

In practice

The opinion conditions any lien claim on reasonable fees and a legally authorized, properly founded lien. It does not determine whether a specific lien can be filed or collected under Missouri law.

Common questions

Q: Does the ethics rule permit every lien for unpaid fees?

A: No. Rule 4-1.8(i) bars an unfounded lien or one invalidly asserted under Missouri law.

Q: Must fees claimed through a lien be reasonable?

A: Yes. The opinion applies Rule 4-1.5 to fees asserted through an attorney’s lien.

Q: Does the opinion explain how to file and collect a valid lien?

A: No. It assigns those legal questions to statute and case law outside the Rules of Professional Conduct.

Background and rules framework

Rule 4-1.5 governs reasonableness and communication of fees. Rule 4-1.8(i) addresses permitted and prohibited liens, and Rule 4-1.16 supplies withdrawal duties.

Citations and references

Missouri Rules of Professional Conduct:

• Rules 4-1.5, 4-1.8(i), and 4-1.16

See also

• Missouri Formal Op. 115: Client File and Fees
• Missouri Informal Op. 2015-03: Plan Lien Agreement

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/2014-01/

Original opinion text

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

Question: May Attorney ethically file against Former Client or against Client upon withdrawal a Notice of Attorney’s Lien and Motion for Judgment on Attorney’s Lien for unpaid attorney’s fees and collect on the lien or judgment?

Answer: Pursuant to Rule 4–1.5, all fees agreed to, charged, or collected, including those asserted via an attorney’s lien, must be reasonable, and their bases must be communicated in accordance with Rule 4–1.5. The rule also requires Attorney to conscientiously consider participating in the appropriate fee dispute resolution program if a fee dispute has arisen between Attorney and Client. Rule 4–1.8(i) expressly prohibits the filing of an unfounded attorney’s lien or one that is invalidly asserted under Missouri law. The rule does permit Attorney’s acquisition of a lien “authorized by law” to secure fees and expenses. Proper bases for a valid attorney’s lien and the procedures for its filing and collection are governed by statute and relevant case law and are outside the scope of the Rules of Professional Conduct. When withdrawing from representation, Attorney should be mindful to follow all obligations in Rule 4–1.16, including giving adequate notice to Client, giving required notice to or seeking required permission from the tribunal, and taking reasonable steps upon termination to protect Client’s interests.