May a lawyer give a collection agency former-client information needed to collect unpaid fees?

Short answer The opinion permits disclosure of client identity and representation information to the agency under Rule 4-1.6, limited to the minimum necessary for the collection effort.

Bar

MOLEC

Issued

1996

Apply this to your situation

This page answers the general question as of 1996. 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 lawyer wanted to use a collection agency to pursue former clients’ overdue fees and asked whether supplying necessary information would breach confidentiality.

The opinion permits giving the agency the client’s identity and other representation information under Rule 4-1.6, but limits disclosure to the minimum necessary to carry out collection.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: Can the lawyer identify the former client to the agency?

A: Yes. The answer permits client identity and related representation information for the collection effort.

Q: How much information may be shared?

A: Only the minimum necessary for that collection effort.

Background and rules framework

The answer applies Rule 4-1.6 to disclosure for fee collection.

Citations and references

Missouri Rules of Professional Conduct:

Rule 4-1.6

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/960203/
Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney would like to use a collection agency to collect past due fees against former clients. Will Attorney violate the confidentiality rule by providing the necessary information to the collection agency? ANSWER: Attorney may disclose the client´s identity and other information about the representation to the collection agency without violating Rule 4–1.6. However, the information provided must be limited to the minimum amount of information that is necessary in order to carry out the collection effort.

What do the rules say today, for your facts?

This opinion is from 1996. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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