Ezel / Ethics Opinions / MOLEC

Who controls client files when a Missouri lawyer leaves a firm?

Short answer Each file belongs to the client, subject to limited unreimbursed-expense items. It remains at the firm until the client directs transfer, and the departing lawyer may not remove or copy it without that direction regardless of unpaid fees.
Bar
MOLEC
Issued
2019

Apply this to your situation

This page answers the general question as of 2019. 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 2019
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

Formal Opinion 115 states that the client owns the matter file, except items for which the firm paid unreimbursed out-of-pocket expenses, such as transcripts.

Even when legal fees remain unpaid, the lawyer and firm must follow the client's instruction to transmit the file to the departing lawyer or new counsel. Until the client chooses, the file remains at the firm and cannot be removed or copied by the departing lawyer.

In practice

Under this opinion, the client's direction controls file movement. Neither departure nor unpaid fees transfers that choice to the lawyer or firm.

Common questions

Q: Who owns the file?

A: The client, subject to the limited unreimbursed-expense exception.

Q: Where does it stay before the client chooses?

A: At the firm.

Q: May the departing lawyer copy it first?

A: Not without the client's direction.

Background and rules framework

Formal Opinion 115 governs client ownership, the expense exception, transmission despite unpaid fees, and control by client direction.

Citations and references

Other opinions cited:

  • Missouri Formal Opinion 115, as amended

See also

Source

Original opinion text

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

Question: An attorney is leaving a law firm. The departing attorney has been the lead attorney or assisted another attorney at the firm in a number of client matters. What should the firm’s remaining attorneys do with the files for those clients?

Answer: The file for each client matter belongs to the client, except for those items in the file for which the firm has borne uncompensated out-of-pocket expenses, such as, but not limited to, transcripts. Formal Opinion 115, as amended. Even if the attorney or firm has not been paid for services rendered, a firm or lawyer must comply with a client’s direction to transmit the file to the departing attorney or new counsel. A client who is notified of the departure of that client’s attorney should be informed that the client file will continue to be housed at the firm until and unless the client communicates his or her wishes as to the disposition of the file. The client file should not be removed or copied by the departing attorney unless the client so directs.

What do the rules say today, for your facts?

This opinion is from 2019. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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