May a collection lawyer advance filing and garnishment costs if reimbursement depends on collection?

Short answer The opinion says the lawyer may advance filing fees and garnishment costs, with reimbursement after collection if successful, without violating Rule 4-1.8(e).
Bar
MOLEC
Issued
1997

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.

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 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

Source

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).

What do the rules say today, for your facts?

This opinion is from 1997. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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