Could class counsel accept members recruited by another class member who forwarded their fees?

Plain-English summary

A class member recruited others for a class action and collected attorney fees to forward to class counsel. Counsel asked whether those recruits could be accepted as clients.

The opinion said yes, but counsel had to communicate directly with each new client, affirm representation, and discuss the case before acting. If a person changed their mind after that contact, counsel had to refund the fee under Rule 4-1.16. The opinion did not address restrictions the court might impose.

Currency note

This 1994 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 counsel accept the recruited people?

A: Yes, subject to direct communication before taking action as their lawyer.

Q: What had to happen before representation steps?

A: Counsel had to directly affirm representation with the new client and communicate about the case.

Q: What if a recruit changed their mind?

A: The opinion required a fee refund under Rule 4-1.16.

Q: Did the opinion resolve court-imposed restrictions?

A: No. It expressly left those outside its analysis.

Background and rules framework

The opinion applied Missouri Rule 4-1.16 to the fee refund and addressed direct lawyer-client communication when a class member brought in recruits.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.16

See also

• ABA Op. 07-445: Contact with putative class members
• NYSBA Op. 499: Communicating with potential class members

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940059/

Original opinion text

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

QUESTION: Attorney is representing the class in a class action suit. One of the members of the class is recruiting class members and obtaining the attorney fee which is forwarded to Attorney. May Attorney accept these people as clients in this manner? ANSWER: Yes. Once Attorney accepts them as clients, Attorney must communicate with them directly affirming Attorney´s representation and communicating about the case before taking any action as their attorney. If they change their mind after direct communication, Attorney must refund the fee under Rule 4–1.16. This opinion does not consider any restrictions the court may impose.