Could a flat-fee lawyer withdraw over client noncooperation, and what refund was owed?

Short answer The opinion said the lawyer could ask the court for leave to withdraw but declined to determine the refund amount because that required resolving facts.

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MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. 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 flat-fee lawyer wanted to withdraw before a matter ended because the client was uncooperative. The lawyer said the work already provided was worth several times the flat fee.

The opinion said the lawyer could ask the court for leave to withdraw. It declined to decide what refund, if any, the client was owed, explaining that an informal advisory opinion could not resolve that factual issue.

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 the lawyer leave the matter?

A: The opinion said the lawyer could ask the court for leave to withdraw.

Q: Did the opinion decide the refund?

A: No. It said the amount depended on facts it could not resolve in an informal opinion.

Q: Did the asserted value of work decide the refund?

A: No. The opinion did not determine a refund despite the lawyer's assertion.

Background and rules framework

The opinion addressed a flat-fee lawyer's proposed withdrawal and reserved the factual refund issue. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940065/

Original opinion text

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

QUESTION: Attorney accepted a case on a flat fee basis. Attorney now wishes to withdraw before the case is concluded due to the client´s lack of cooperation. Attorney states that, as a result of client´s lack of cooperation, attorney fees valuing several times the flat fee paid have been provided. May Attorney withdraw and, if so, what amount of refund, if any, is owed the client? ANSWER: Attorney may ask the court for leave to withdraw. This office cannot resolved factual issues such as the amount of a refund owed in the context of an informal advisory opinion.

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