What did this opinion require a lawyer to do before withdrawing when clients could not be located?

Plain-English summary

A lawyer who had lost contact with clients asked how to notify them before withdrawal. The opinion required all reasonable steps to reach them but said the facts supplied did not show whether enough had been done.

It described a reasonable investigation, potentially including agencies or businesses that might know a new address, depending on circumstances. It expressly said neither hiring a private investigator nor notice by publication was mandatory, although publication was permissible if other contact attempts failed. The opinion also suggested consulting the lawyer's malpractice insurer's claims-prevention office about any additional steps.

Currency note

This 1995 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: Did the opinion decide that the lawyer's past search was sufficient?

A: No. It said the supplied facts were inadequate to decide that.

Q: Was a private investigator required?

A: No. The opinion called for a reasonable investigation, but did not require a private investigator.

Q: Was notice by publication mandatory?

A: No. The opinion permitted it if the clients could not otherwise be reached.

Background and rules framework

The opinion addressed notice to missing clients when withdrawal was contemplated. It identified no numbered rule and made the sufficiency of contact efforts dependent on circumstances it had not fully received.

See also

• Missouri Informal Op. 20010038: Unreachable co-plaintiffs

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950248/

Original opinion text

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

QUESTION: Attorney has lost contact with the clients. Attorney wishes to withdraw. What is Attorney required to do to notify the clients? ANSWER: Attorney has a duty to take all reasonable steps to contact the clients. It is unclear from the information Attorney has provided whether Attorney has taken sufficient steps under the circumstances. Attorney is not required to hire a private investigator but Attorney should conduct a reasonable investigation. Attorney has not indicated whether Attorney has checked with various agencies or businesses that may have received notification of an address change. The Department of Revenue (drivers and motor vehicle licenses), employers, banks and relatives all may be appropriate to contact, depending on the circumstances. Attorney is not required to give notification to the clients by publication if Attorney is unable to contact them any other way, but Attorney may do so. Attorney should also seek guidance from Attorney´s malpractice insurer´s claims prevention office, regarding any additional steps they may recommend.