Could a lawyer keep negotiating a wrongful death settlement after the client died without disclosure?

Short answer The opinion said no: the lawyer had to tell opposing counsel and the court of the client's death within a reasonable time and could not actively negotiate before disclosure.
Bar
MOLEC
Issued
1993

Apply this to your situation

This page answers the general question as of 1993. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

A lawyer represented a husband in a wrongful death case concerning his wife. The husband died while the case remained pending.

The opinion required disclosure of the client's death to defense counsel and the court within a reasonable time. It said the lawyer could not continue active settlement negotiations without that disclosure.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could settlement talks continue before disclosure?

A: No. The opinion barred active negotiation without disclosing the death.

Q: Who had to be informed?

A: The defendant's attorney and the court.

Q: When?

A: Within a reasonable time, according to the opinion.

Background and rules framework

The opinion addressed disclosure of a client's death during pending wrongful death litigation. It cited no numbered rule.

See also

Source

Original opinion text

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

QUESTION: Attorney represents husband in wrongful death case on death of wife. Husband dies during case. Husband is survived by children. Can attorney proceed with settlement negotiations without disclosing death of husband? How soon must attorney disclose death of husband? ANSWER: Attorney must disclose death of client to the defendant´s attorney and the court within a reasonable time. Attorney may not continue to actively negotiate without disclosure.

What do the rules say today, for your facts?

This opinion is from 1993. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace