State Bar of South Dakota

Ethics Opinion 94-23

January 17, 1995

• Rules: 1.6

• Subject: Reporting non-paying client to credit bureau

• Summary: Lawyer cannot report delinquent client to credit bureau for nonpayment.

FACTS

You have requested an opinion from this Committee questioning whether or not the South Dakota Rules of Professional Conduct allows you to report non-paying clients to the credit bureau.

OPINION

    It is the opinion of this Committee that you may not report non-paying clients to the credit bureau. Doing so is not necessary to establish your fee claim, risks compromising confidentiality, and smacks of punishment in trying to lower the client’s credit rating. See, Rule 1.6(b)(2); South Carolina Ethics Opinion 94-11.

Michael S. McKnight
Chair, Ethics Committee
State Bar of South Dakota