How could a lawyer collect a contingent fee when a client would not endorse a judgment check?

Plain-English summary

A civil judgment check remained unendorsed despite the lawyer’s calls and letters to the client. The lawyer asked about collecting a contingent fee and expenses by having the defendant pay the money into court and petitioning for payment.

The opinion said the fee and expenses could be collected only through a court proceeding. The proposed method did not violate Rule 4, though other procedures might be acceptable. If the client’s refusal reflected a fee dispute, the answer mentioned telling the client about the fee dispute committee. Official notes identify later Rule 4-1.15 amendments.

Currency note

This opinion was issued in 1999, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Could counsel collect the fee without court proceedings?

A: No. The opinion said a court proceeding was necessary.

Q: Did the proposed pay-into-court method violate Rule 4?

A: No. The answer allowed it and left room for other acceptable procedures.

Background and rules framework

The answer did not cite a numbered rule, while the official reference notes identify former Rule 4-1.15 as the opinion’s basis.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-1.15

See also

• Missouri Informal Op. 990166: Disputed Retainer

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/990091/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

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

Reference Note: Effective July 1, 2016, subdivision 4–1.15(f) of Rule 4 was repealed and a new subdivision 4–1.15(f) adopted in lieu thereof. This opinion is based on Rule 4–1.15 in effect prior to that date.

Reference Note: Rule 4–1.15 was amended, effective July 1, 2013. This opinion is based on the rule in effect prior to that date. Please see the July 1, 2013 version of Rule 4–1.15.

QUESTION: Attorney represented a client in a civil matter and the client was awarded a judgment. Attorney took the matter on a contingency fee contract basis, plus expenses. The client has failed to come in and endorse the check despite several phone calls and letters. Attorney is still in possession of the unendorsed check. How can Attorney collect the fee and expenses? May Attorney have the defendant pay the amount into court and then petition the court for Attorney´s fee?

ANSWER: The only way Attorney can collect the fee and expenses is through a court proceeding. The method Attorney has proposed would not violate Supreme Court Rule 4. There may also be other procedures which would be acceptable. If Attorney believes that the client is being uncooperative because the client disputes the amount of Attorney´s fee, it may be helpful to inform the client of the availability of the fee dispute committee.