Could a lawyer keep negotiating a wrongful death settlement after the client died without disclosure?
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.
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
- Missouri Informal Op. 20070016: Deceased client's file disclosure
- Missouri Informal Op. 2026-04: Deceased client's claim and next of kin
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/930076/
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.
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