Ezel / Ethics Opinions / MOLEC

What must a Missouri lawyer do with trust-account funds belonging to a client who cannot be located?

Short answer The lawyer must continue reasonable efforts to locate the client. If those efforts fail after a reasonable time, the funds remain in an IOLTA or non-IOLTA trust account and are handled under Missouri's Uniform Disposition of Unclaimed Property Act.
Bar
MOLEC
Issued
2020

Apply this to your situation

This page answers the general question as of 2020. 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 2020
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 holds money in trust for distribution to a client who cannot be found. The opinion first requires continued reasonable efforts to locate the client and complete the distribution.

If those efforts fail after a reasonable period, Rules 4-1.15 and 4-1.155 require continued holding in an IOLTA or non-IOLTA trust account. The lawyer then follows Missouri's Uniform Disposition of Unclaimed Property Act.

The opinion cites Formal Opinion 118 and Informal Opinion 20000129 as related Missouri authority.

In practice

Under this opinion, loss of contact does not change ownership or permit removal from trust. Search efforts continue, and unclaimed-property law governs after reasonable efforts and time.

Common questions

Q: What must the lawyer do first?

A: Continue reasonable efforts to locate the client so the funds can be distributed.

Q: Where do the funds remain while the client is missing?

A: In an IOLTA or non-IOLTA trust account under Rules 4-1.15 and 4-1.155.

Q: What happens after reasonable efforts fail?

A: The lawyer follows Missouri's Uniform Disposition of Unclaimed Property Act.

Background and rules framework

Rules 4-1.15 and 4-1.155 govern safekeeping. The Uniform Disposition of Unclaimed Property Act supplies the later disposition process identified by the opinion.

Citations and references

Rules of Professional Conduct:

  • Missouri Rules 4-1.15 and 4-1.155

Statutes:

  • Missouri Uniform Disposition of Unclaimed Property Act

Other opinions cited:

  • Missouri Formal Opinion 118
  • Missouri Informal Opinion 20000129

See also

Source

Original opinion text

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

QUESTION: Attorney is holding in the trust account funds to distribute to Client, but Client cannot be located for distribution. What should Attorney do with Client’s funds?

ANSWER: Attorney should continue to make reasonable efforts to locate Client so the funds can be distributed. If the efforts are unsuccessful after a reasonable period of time, Attorney should hold the funds in an IOLTA or non-IOLTA trust account per Rules 4–1.15 and 4–1.155 and follow the requirements of Missouri’s Uniform Disposition of Unclaimed Property Act. Formal Opinion 118; Informal Opinion 20000129.

What do the rules say today, for your facts?

This opinion is from 2020. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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