May a workers’ compensation lawyer plead the maximum weekly wage before learning the claimant’s actual wage?

Plain-English summary

A workers’ compensation lawyer asked about pleading the legal maximum average weekly wage before learning the claimant’s actual wage, then submitting the actual figure before disposition. The opinion does not declare that sequence permissible or impermissible in every case.

Rule 4-3.1 requires a nonfrivolous basis in both law and fact for an issue raised in a proceeding. Rule 4-3.3 bars knowingly false factual or legal statements to a tribunal and requires correction of a material false statement the lawyer previously made. An administrative agency acting adjudicatively is a tribunal under Rule 4-1.0(m). The lawyer must ensure that the claim form satisfies both rules.

In practice

For the proposed wage entry, the opinion directs the lawyer to the factual basis and candor duties governing the claim form. Later submission of the actual wage does not receive a blanket approval in the opinion.

Common questions

Q: Does the opinion approve pleading the maximum before wage records arrive?

A: It gives no categorical approval. The pleaded amount must satisfy Rules 4-3.1 and 4-3.3.

Q: Does the candor rule cover a workers’ compensation agency?

A: Yes when the agency acts in an adjudicative capacity; the opinion cites Rule 4-1.0(m).

Q: What if the lawyer made a material false statement?

A: The opinion cites Rule 4-3.3’s duty to correct a material false statement the lawyer made to the tribunal.

Background and rules framework

Rule 4-3.1 governs frivolous issues, Rule 4-3.3 governs knowingly false tribunal statements and correction, and Rule 4-1.0(m) defines an adjudicative agency as a tribunal.

Citations and references

Missouri Rules of Professional Conduct:

• Rules 4-3.1, 4-3.3, and 4-1.0(m)

See also

• Missouri Informal Op. 2020-25: False Court Filing
• Missouri Informal Op. 2026-03: False Discovery Document

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/2015-01/

Original opinion text

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

Question: May an Attorney for a workers’ compensation claimant ethically plead, as the average weekly wage for the claim, the maximum amount allowed by law, where Attorney is not aware at the time of pleading the claimant’s average weekly wage, and where upon receiving a wage statement from the employer/insurer, Attorney submits the actual average weekly wage to the court prior to disposition?

Answer: Rule 4–3.1 prohibits Attorney from asserting an issue in a proceeding unless there is a basis in law and fact for doing so that is not frivolous. Rule 4–3.3 prohibits Attorney from knowingly making a false statement of fact or law to a tribunal or failing to correct a false statement of material fact previously made to a tribunal by Attorney. An administrative agency acting in an adjudicative capacity is a tribunal per Rule 4–1.0(m). It is Attorney’s obligation to ensure that all information Attorney provides to the tribunal on the claim form is in accord with Attorney’s duties under Rules 4–3.1 and 4–3.3.