Mills v. Metropolitan St. Ry. Co., 282 Mo. 118, 221 S.W. 1, 4 (1920). If plaintiff were dissatisfied with his attorneys he had the legal right to discharge them and employ other counsel, Allen v. Fewel, 337 Mo. 955, 87 S.W.2d 142, 145 (1935); In re Downs, 363 S.W.2d 679, 686 (Mo. banc 1963); McLaughlin v. McLaughlin, 427 S.W.2d 767, 768 (Mo.App. 1968), subject to the attorney's right under certain conditions to be paid a fee, In re Downs, 363 S.W.2d at 686; In re Thomasson's Estate, 346 Mo. 911, 144 S.W.2d 79, 83 (1940). * * * * * *
The cause of action or claim which is the subject of the contract between lawyer and client is the property of the client and not the attorney. Mills v. Metropolitan St. Ry. Co., 282 Mo. 118, 221 S.W. 1, 4 (1920). If plaintiff were dissatisfied with his attorneys he had the legal right to discharge them and employ other counsel, Allen v. Fewel, 337 Mo. 955, 87 S.W.2d 142, 145 (1935); In re Downs, 363 S.W.2d 679, 686 (Mo. banc 1963); McLaughlin v. McLaughlin, 427 S.W.2d 767, 768 (Mo.App. 1968), subject to the attorney's right under certain conditions to be paid a fee, In re Downs, 363 S.W.2d at 686; In re Thomasson's Estate, 346 Mo. 911, 144 S.W.2d 79, 83 (1940).Id. at 57 (quoting Craig v. Jo B. Gardner, Inc., 586 S.W.2d 316, 320 (Mo. banc 1979)).
Mills v. Metropolitan St. Ry. Co., 282 Mo. 118, 221 S.W. 1, 4 (1920). If plaintiff were dissatisfied with his attorneys he had the legal right to discharge them and employ other counsel, Allen v. Fewel, 337 Mo. 955, 87 S.W.2d 142, 145 (1935); In re Downs, 363 S.W.2d 679, 686 (Mo. banc 1963); McLaughlin v. McLaughlin, 427 S.W.2d 767, 768 (Mo.App. 1968), subject to the attorney's right under certain conditions to be paid a fee, In re Downs, 363 S.W.2d at 686; In re Thomasson's Estate, 346 Mo. 911, 144 S.W.2d 79, 83 (1940). The petition originally filed by Hill erroneously set forth the places where the accidents alleged to have been sustained by Craig occurred.
As a general matter, an attorney who represents a client in an action is not an interested party to the action. McLaughlin v. McLaughlin, 427 S.W.2d 767, 768-69 (Mo.App. 1968). Specifically, Mr. Kruse is not an interested party who may recover damages on the bond under sections 526.070 and 526.200. He is not a party to the suit for injunction or an intervenor in that action.
As an agent of the client, an attorney acts as the client's alter ego and not for the attorney personally. McLaughlin v. McLaughlin , 427 S.W.2d 767, 768 (Mo. App. 1968). Although an attorney may act as the client's agent, the converse is not true. Ronald E. Mallen and Jeffrey M. Smith, Legal Malpractice, ยง 6.8 at 415 (4th ed. 1996).
An attorney is not a party to a suit because the attorney represents a party in the matter. Stanfill v. Stanfill, 505 S.W.2d 438, 439 (Mo.App. 1974); McLaughlin v. McLaughlin, 437 S.W.2d 721, 722 (Mo.App. 1969); McLaughlin v. McLaughlin, 427 S.W.2d 767, 768 (Mo.App. 1968). See also Parkhurst v. Parkhurst, 799 S.W.2d 159, 160 (Mo.App. 1990) (to be a party to a civil lawsuit, a person must not only have actual and justiciable interest susceptible of protection, but must also be named as a party in the original pleadings or added by court order).
No cases were cited which meet this question squarely. Appellant's reliance on McClaughlin v. McClaughlin, 427 S.W.2d 767 (Mo.App. 1968) is misguided. McClaughlin held where wife had previously discharged her counsel and dismissed her divorce petition, the attorney could not prosecute a separate motion for attorney's fees since he no longer represented the wife and had no personal interest in the suit. Id. at 768-69.
In Universal Oil Products Co. v. Standard Oil Co. of Indiana, 6 F.Supp. 37 (D.C.Mo. 1934), affirmed, German v. Universal Oil Products Co., 77 F.2d 70 (8th Cir. 1935), it was held in similar circumstances to this case, that an attorney for plaintiff in a patent infringement case, which was dismissed by it, could not summarily proceed (by intervention) to collect compensation for legal services rendered, his remedy being by independent action at law upon contract, or in equity to foreclose attorney's lien (which lien is here nonexistent). See also McLaughlin v. McLaughlin, 427 S.W.2d 767 (Mo.App. 1968), where a wife discharged her counsel and dismissed her divorce petition. Held, that since the attorney no longer represented the wife, and had no personal interest in the suit, his motion for attorney's fees should have been denied.
As a general rule, a discharged attorney who was employed on a contingent fee basis may not recover that fee by a summary proceeding or order in the cause in which the fee is earned. 7 CJS 1100, Attorney and Client, ยง 194; see McLaughlin v. McLaughlin, 427 S.W.2d 767 (4) (Mo.App. 1968); In re Lomm, 195 So.2d 416 (1) (La.App. 1967); Shatzkin v. Shahmoon, 19 App. Div. 2d 658 (4) ( 242 NYS2d 72) (1963); Fields v. Potts, 140 Cal.App.2d 697 ( 295 P.2d 965) (1956); Marx v. Marx, 24 N. J. Super. 204 ( 93 A.2d 773) (1953). The attorney may bring an independent action, however.
She was not allowed to dismiss her case and the court later called up a motion for attorney's fees and allowed the sum of $350.00 impressed with a lien in favor of the plaintiff's former lawyer. The defendant appealed, and in the case of McLaughlin v. McLaughlin, Mo.App., 427 S.W.2d 767, we reversed the judgment of the trial court and taxed the costs against the attorney who had been discharged by the plaintiff and dismissed the petition for divorce. The matter we are here considering took place after the appeal above mentioned. While that appeal was pending the attorney who had been discharged by the plaintiff filed a motion for "Expenses, Costs and Attorney's Fees on Appeal.