May a Missouri lawyer disclose former-client information and billing entries in a lawsuit to collect unpaid fees?

Plain-English summary

A lawyer pursuing unpaid fees asked whether the factual basis for the claim, including time entries, could be presented or discussed in court.

Rule 4-1.6(b)(3) permitted limited disclosure reasonably believed necessary to establish a claim in a lawyer-client controversy. The opinion quoted Comment 9, which allowed a lawyer entitled to a fee to prove the services rendered in a collection action.

Because the disclosure could expose confidential former-client information, the lawyer was encouraged to use Comment 12's protective measures. These included limiting access to the tribunal and people with a need to know and seeking protective orders or other arrangements. The opinion also noted that client fee information was itself confidential.

In practice

Under the published summary, the fee dispute did not create a blanket permission to reveal the former representation. Both the substance and audience of each disclosure remained limited to what was reasonably necessary.

Common questions

Q: Could the lawyer submit time entries?

A: Only to the extent the lawyer reasonably believed their disclosure was necessary to establish the fee claim.

Q: What protective measures did the opinion identify?

A: Limiting access to the tribunal and others with a need to know, protective orders, and other arrangements restricting disclosure.

Q: Was the amount of client fees confidential?

A: Yes. The opinion cited Missouri Informal Opinion 2015-09 for that point.

Background and rules framework

Rule 4-1.6(b)(3) supplied the self-defense exception. Comments 9 and 12 addressed proof of services and measures limiting disclosure in a lawyer-client controversy.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.6(b)(3), Comments 9 and 12

Other opinions cited:

• Missouri Informal Opinion 2013-02
• Missouri Informal Opinion 2015-09

See also

• Missouri Formal Op. 115: Client-file retaining lien
• Missouri Formal Op. 125: Settlement indemnity
• Arizona Ethics Op. 98-05: Confidentiality in fee collection

Source

• Landing page: Missouri Informal Opinion 2026-10

Original opinion text

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

Question: Lawyer is pursuing an action for unpaid fees against Former Client. Lawyer asks whether it is permissible to present or discuss the factual basis, including disclosure of the time entries, associated with a claim against Former Client for payment of Lawyer’s fees before the court?

Answer: Lawyer is permitted to make limited disclosures to establish Lawyer’s fee as provided in Rule 4–1.6(b), which states that “[a] lawyer may reveal information relating to the representation of a client to the extent the lawyer reasonably believes necessary: … (3) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client….” Further, Comment [9] to Rule 4–1.6 states: “A lawyer entitled to a fee is permitted by Rule 4–1.6(b)(3) to prove the services rendered in an action to collect it. This aspect of the rule expresses the principle that the beneficiary of a fiduciary relationship may not exploit it to the detriment of the fiduciary.” Missouri Informal Opinion 2013–02 addresses a similar factual scenario and encourages lawyers to consider protective measures as described in Comment [12] to Rule 4–1.6. This includes limiting access to information to the tribunal or other persons having a need to know it, or the use of appropriate protective orders or other arrangements be taken to limit the information revealed to establish the claim. It is also important to note that Missouri Informal Opinion 2015–09 provides that fees paid by clients are confidential, hence the need for the protective measures described in Comment [12] to Rule 4–1.6.