Could a lawyer use an imminent trial case's proceeds or an assignment of its claims to pay fees owed in other cases?

Plain-English summary

A client owed fees across several cases, one of which was nearing trial. The lawyer asked about an agreement to apply its proceeds to unpaid fees in other cases in addition to a statutory lien, and about taking an assignment of the client's claims for those bills.

The opinion answered no to both proposals. The question cited Rule 4-1.8(j); the answer added no explanation or alternative.

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 contract for proceeds to pay other-case fees beyond the lien?

A: No, according to the opinion.

Q: Could the lawyer take assignment of the pending claims for those fees?

A: No. The opinion rejected that proposal as well.

Background and rules framework

The opinion addressed two proposals for satisfying unpaid fees from other matters using a client's pending claim. The question invoked Missouri Rule 4-1.8(j), but the answer gave only two negative responses.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-1.8(j)

See also

• Missouri Informal Op. 950134: Fixed fees from injury proceeds
• Missouri Informal Op. 940203: Collection agency information

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940188/

Original opinion text

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

QUESTION: Attorney represents a client in several cases. The client is delinquent in paying attorney´s fees in all of the cases. One of the cases is set for trial fairly soon. (1) May Attorney agree with client that, in addition to Attorney´s statutory lien, the proceeds of the case set for trial will be used to pay the outstanding bills in the other cases without violating Rule 4–1.8(j)? (2) May Attorney take assignment of the client´s claims in the case set for trial to satisfy the client´s outstanding bills in the other cases through the date of assignment. ANSWER: (1) No. (2) No.