Free Consultation
(314) 500-HURTA lawyer cannot guarantee payment of liens in a settlement. The client can, but not the lawyer. MO Informal Opinion
125 – violates ethics rule 4-1.8(e).
Illinois Advisory Opinion No. 06-01 agrees that Rule 1.8(d) bars personally
guaranteeing payment of a lien because it constitutes “the provision of financial assistance to his client.”
But it goes on to say that “under Rule 1.15(b), a lawyer representing
a plaintiff has an obligation to segregate the settlement funds over which a third party has a claim, to notify
persons who have an in interest in those funds (including lien/subrogation claimants) and then distribute the funds
owed to said persons.”
Failure to segregate the funds and then distribute them results in the lawyer being directly liable to the
third-party subrogation claimant. Western States Ins. Co. v. Olivero, 283 Ill.App. 3d 307, 670 N.E.2d 333, 218 Ill. Dec. 836
(3d Dist. 1996).
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
Similar FAQs
Do you have enough car insurance? It's a great question, and one that most drivers really don't know the answer to. Let's take a moment to break down the different types of insura...
Are Personal Injury Settlements Taxable? If you're expecting a personal injury settlement and are wondering about statutory deductions, the good news is they are not taxable at th...
Can you sue St. Louis City for a personal injury? Personal injury claims against governmental bodies come with their own set of unique challenges and legal barriers, primarily due ...
521 W. Main Street Suite 201 O
Belleville, IL 62220
By appointment only
(618) 500-4878 GET DIRECTIONS332 S Michigan Ave Suite 900
Chicago, IL 60604
By appointment only
(312) 500-HURT GET DIRECTIONS100 Chesterfield Business Pkwy Suites 200-222
Chesterfield, MO 63005
By appointment only
(314) 648-8348 GET DIRECTIONSNO FEES UNTIL WE WIN YOUR CASE
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
or call us at
(314) 500-HURT