The Missouri Bar
Professionalism
Informal Advisory Opinions

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Diligence
Opinion Number: 20000172 - Rule Number: 1.3; 1.16(b); 1.5
QUESTION: Attorney would like to add a provision to Attorney´s standard engagement letter for civil cases, particularly domestic relations cases. Is it permissible to state in the engagement letter that if the client does not make payment, Attorney will stop working on his or her case? Attorney would like to state that Attorney will not continue to work on a client´s case if no payments are made. ANSWER: Attorney may not include the provision Attorney proposes in Attorney´s engagement letter. Under Rule 4-1.3, Attorney has an obligation to diligently represent Attorney´s client, unless Attorney withdraws. If Attorney has not been paid, Attorney´s option is to continue to diligently represent the client and seek payment, or seek to withdraw. Attorney may seek to withdraw under Rule 4-1.16(b), only if withdrawal may be accomplished without ´material adverse effect on the interests of the client.´