May a collection lawyer advance filing and garnishment costs if reimbursement depends on collection?
Apply this to your situation
This page answers the general question as of 1997. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
A lawyer whose practice mostly involved collection matters asked about advancing the costs of filing suit and post-judgment action. The lawyer would be reimbursed only after collecting on the case, if collection occurred.
The answer says the lawyer may advance filing fees and garnishment costs without violating Rule 4-1.8(e).
Currency note
This opinion was issued in 1997, 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: May the lawyer pay filing fees before a collection succeeds?
A: Yes. The opinion says advancing filing fees in the described collection matters does not violate Rule 4-1.8(e).
Q: Does the answer also cover post-judgment garnishment costs?
A: Yes. It expressly includes garnishment costs in the permitted advances.
Background and rules framework
The question describes reimbursement after collection, if the case is collected. The answer applies Rule 4-1.8(e) to advances of filing fees and garnishment costs on those facts.
Citations and references
Missouri Rules of Professional Conduct:
- Rule 4-1.8(e)
See also
- Missouri Formal Op. 119: Advancing Client Litigation Expenses
- Missouri Informal Op. 2018-02: Medical Expert Costs
Source
- Landing page: https://mo-legal-ethics.org/informal-opinion/970134/
- Rule revision reference: Missouri Informal Opinion 20030007
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
QUESTION: The majority of Attorney´s practice is handling collection matters. May Attorney advance costs to file suit? May Attorney advance the cost for post-judgment action? Attorney would be reimbursed for the costs after they collect on the case, if they collect. ANSWER: Attorney may advance the costs of filing fees and garnishment without violating Rule 4–1.8(e).
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