Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri, with full citations and source links on every page.
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May a Missouri lawyer subpoenaed to testify about a deceased former client's estate planning reveal information from that representation?
Not on the strength of a subpoena alone. The opinion says confidentiality survives the client's death, requires the lawyer to assert all nonfrivolous grounds against disclosure, and permits…
May a Missouri lawyer disclose former-client information and billing entries in a lawsuit to collect unpaid fees?
Only to the extent reasonably believed necessary to prove the fee claim. The opinion called for protective orders or other limits on access, particularly because fee information itself was confidential.
What ethics duties apply when a Missouri firm uses AI software that listens to depositions and suggests questions in real time?
The firm had to evaluate competence, fees, informed consent, confidentiality, court orders, vendor oversight, independence, and accuracy. Notice to others depended on law, court rules, orders, and…
Could an inactive retired Missouri lawyer use a social calling card identifying as a 'Retired (Inactive) Attorney'?
Yes. Because the card clearly stated the lawyer's retired and inactive status, the opinion found the identification neither false nor misleading for social use.
Did a Missouri lawyer violate ethics rules by telling a judge in open court that the judge was never fair to the lawyer?
Likely yes. The statement appeared to question the judge's integrity with reckless disregard for truth and could prejudice justice by damaging public faith in judicial impartiality.
Could a Missouri lawyer disclose a deceased estate-planning client's revoked trust documents to successor trustees or a bank?
Not without the deceased client's prior consent, implied authority, or a Rule 4-1.6 exception. A subpoena alone was insufficient; a court order could permit limited disclosure after nonfrivolous…
What could a Missouri lawyer do with real-estate proceeds when an elderly client appeared to have diminished capacity?
The lawyer had to preserve a normal relationship as far as possible and could take reasonably necessary, least-restrictive protective action only after finding diminished capacity, substantial harm…
May a Missouri lawyer tell a deceased client's next of kin about the client's pending personal-injury action so an estate can be opened?
Yes, in a limited way. The opinion concludes that, unless the client expressed otherwise, the lawyer may treat limited disclosure of the death and pending lawsuit as impliedly authorized to help…
What must a Missouri lawyer do after learning that a client altered a document produced in discovery?
The lawyer may not help conceal the alteration and must seek the client's cooperation in correcting or withdrawing the document. If the client refuses, the opinion requires further remedial action,…
May a Missouri lawyer acting pro se communicate directly with a represented spouse about the subject of their divorce?
No. The opinion treats the pro se lawyer as self-representing for Rule 4-4.2 and prohibits direct communication about the divorce unless the spouse's counsel consents or law or a court order authorizes it.
May a Missouri lawyer jointly represent an injured passenger and a deceased driver's spouse against third parties after the passenger settled with the driver's insurer?
The conflict may be waived if the clients' interests are now aligned and each gives informed consent confirmed in writing. If their positions later diverge in a material, nonconsentable way, the…
Must a Missouri lawyer serving as guardian ad litem report another lawyer's serious misconduct when the report would reveal confidential information?
Not without authorization to disclose. The opinion concludes that a guardian ad litem remains subject to the Rules of Professional Conduct, but absent a valid court order may not report when Rule…
Who is the client of a Missouri city attorney, and whose directions control the representation?
The opinion identifies the city as the organizational client but leaves the identity of its duly authorized constituent to governing substantive law, which may recognize more than one official or…
What duties does a Missouri lawyer have after a fraudulent cashier's-check scam removes other clients' funds from the trust account?
The opinion permits a report to law enforcement, does not require the lawyer to self-report under Rule 4-8.3, and requires reasonably prompt notice to affected clients. It also states that…
May a Missouri lawyer serve as guardian ad litem for both a minor mother and her infant in the same abuse-and-neglect case?
Only if the responsibilities are not directly adverse or materially limited. The opinion requires a Rule 4-1.7 assessment based on each person's facts and law and directs the lawyer to decline one…
May a Missouri divorce lawyer condition a civil settlement on the spouse seeking dismissal of or refusing to cooperate with a domestic-assault prosecution?
No. The opinion concludes that the proposal would violate Rule 4-8.4(d) as conduct prejudicial to the administration of justice because it conflicts with public-policy interests in accountability…
May a Missouri lawyer pay an online marketing company per lead when the company matches particular prospective clients with particular lawyers?
Only if the company is a qualified service registered with the Office of Chief Disciplinary Counsel and complies with Rule 4-9.1. Calling the per-referral charge an advertising fee does not remove…
May a Missouri lawyer accept cryptocurrency for legal fees through a conversion service?
Yes, for earned fees that do not belong in trust. Because cryptocurrency is property with fluctuating value, the fee must be reasonable and the client must receive Rule 4-1.8(a)'s…
May a Missouri lawyer send text messages soliciting people known to need the lawyer's type of legal services?
No, except for the people Rule 4-7.3(a) permits a lawyer to contact in real time. The opinion classifies SSM or similar text messages as real-time electronic solicitation, not written solicitation…
May a Missouri lawyer delay a required report about opposing counsel while settlement negotiations are underway and trial is near?
Client prejudice may be considered in choosing the timing, but it does not eliminate the reporting duty. The opinion states that a required Rule 4-8.3 report must be made reasonably promptly to the…
What must a retiring Missouri solo lawyer do about current clients and decades of paper and electronic client files?
The lawyer must notify current clients, finish matters when possible, protect clients in unfinished matters, and follow tribunal requirements for withdrawal. Former-client files may be destroyed…
Which professional-conduct rules govern a Missouri lawyer admitted pro hac vice in a case pending before another state's court?
For conduct connected to that case, the opinion applies the rules of the jurisdiction where the tribunal sits unless the tribunal's rules provide otherwise. The lawyer remains subject to Missouri…
May a retiring Missouri lawyer move to another state and remotely wind down a Missouri practice from there?
Only if the other state does not treat the remote wind-down, virtual client meetings, and virtual Missouri court appearances as unauthorized practice. If that state would prohibit the conduct, Rule…
What ethical duties must a Missouri law firm address in a policy for using generative AI?
The opinion requires attention to competence, confidentiality and safeguards, court rules, independent judgment, verification of output, supervision, reasonable fees, and candor. Lawyers must…
What must a Missouri lawyer do when opposing counsel files the lawyer's client's personal information without required redactions?
The lawyer must act to protect the client's information, communicate with the client, and follow court procedures for redaction mistakes. Reporting opposing counsel depends on actual knowledge of…
May a Missouri lawyer who does not know how to redact PDFs rely entirely on nonlawyer staff to redact and e-file pleadings?
No. The lawyer remains responsible for filings made at the lawyer's direction, must understand the redaction requirements and relevant technology, train and supervise staff, review documents before…
May a Missouri lawyer redact pleading information when there is a good-faith but uncertain basis for believing redaction law protects it?
Yes. The opinion permits redaction when the lawyer has a nonfrivolous basis in fact or law, including a good-faith argument to change existing law, while also requiring compliance with tribunal…
May a Missouri lawyer redact an entire pleading after the caption instead of determining what the court's redaction rules require?
No. The opinion concludes that blanket redaction without a nonfrivolous basis violates competence, tribunal-rule compliance, and misconduct provisions; the lawyer must understand Case.net and…
After declining representation, must a Missouri lawyer give a prospective client the lawyer's consultation notes and preliminary research?
No. The opinion requires return of papers and property the prospective client supplied but does not extend client-file rights to the lawyer's notes or preliminary research when no client-lawyer…
May an out-of-state lawyer review Missouri business-purchase documents from the state where the lawyer and client are located?
Yes, when the work is reasonably related to the lawyer's authorized home-state practice. The opinion also requires disclosure that the lawyer is not Missouri-licensed, identifies Missouri counsel as…
What must an out-of-state lawyer do to represent a corporate client's employee at a deposition in a Missouri lawsuit?
The opinion permits the representation under Rule 4-5.5(c)(1) and (2) only if the lawyer obtains visiting-attorney admission under Missouri Rule 9.03 and gains pro hac vice status in the matter.
Must a State A lawyer living in Missouri obtain a Missouri license to work remotely from home for a State A law firm?
Yes. The opinion treats the Missouri home office as a systematic and continuous presence for practicing law under Rule 4-5.5(b)(1), even though the work concerns State A, and finds no paragraph (c)…
Must a State A lawyer working remotely from State A as in-house counsel for a Missouri corporation obtain a Missouri license?
Yes. The opinion says systematic and continuous Missouri practice can exist without physical presence and directs the lawyer to a limited license under Rule 8.105 or a general Missouri license.
May a Missouri law firm keep a retired, unaffiliated lawyer's name in the firm name?
Generally no. Rule 4-7.5 permits continued use only if the retired lawyer's name has become so well known that it is considered a trade name, and Rule 4-7.1 still prohibits a false or misleading firm name.
May a Missouri lawyer follow a client's directions under a consumer legal funding agreement?
Only after determining that the funding agreement is not champerty or maintenance under substantive law. If it is lawful, the lawyer may follow the client's directions but must give candid advice…
May a Missouri lawyer use an online payment program that holds advance fees or expenses outside the client trust account?
Generally no. Client or third-party funds must go directly into an approved trust account, except an advance flat fee of no more than $2,000 under Rule 4-1.15(c); any provider must also preserve…
May a Missouri estate-planning lawyer draft a revocable trust naming the lawyer as compensated successor trustee?
Yes, if the lawyer satisfies Rule 4-1.8(a): fair and reasonable written terms, written advice and opportunity to consult independent counsel, and the client's signed informed consent to the…
What must a retiring Missouri lawyer do before and after closing a client trust account?
The lawyer must reconcile the account, account for and properly distribute every fund, and close it only when nothing remains undistributed. Trust records, including the final reconciliation, must…
May a Missouri lawyer give disciplinary investigators trust-account evidence containing information about clients who did not complain?
Yes, to the extent reasonably necessary to respond to the investigation. Rule 4-1.6(b)(3) permits the disclosure even when another client's representation was not the complaint's subject, and Rule…
When must a Missouri lawyer report the lawyer's own criminal case or discipline imposed in another jurisdiction?
Rule 4-8.3 does not generally require self-reporting, but Rules 5.21 and 5.20 require notice within ten days of specified guilty pleas or findings and discipline imposed elsewhere. A felony DWI…
Does a Missouri lawyer become a necessary witness by handwriting parts of a client's protection-order petition?
The lawyer may assist with the petition, and necessary-witness status is a legal and factual question for the court. Rule 4-3.7 requires attention to possible confusion, prejudice, testimony…
May a retired Missouri lawyer continue receiving fees earned before retirement, and may later payments go to heirs or a trust?
Yes, the lawyer may receive fees earned before retirement whether remaining active or becoming inactive. Rule 4-5.4(a)(1) permits an agreement for post-death payments to the lawyer's estate or…
Must a Missouri lawyer report alleged misconduct by another lawyer whom the reporting lawyer represents in a dispute about that conduct?
No. Rule 4-8.3 Comment [4] excludes a lawyer retained to represent the lawyer whose conduct is in question; the situation is governed by the ordinary rules of the client-lawyer relationship.
How does Missouri Rule 4-1.14 apply when a lawyer is appointed to represent the respondent in a guardianship proceeding?
The lawyer must follow the appointment order and governing law, maintain a normal relationship as far as possible, and let the client direct objectives to the extent the client can. Protective…
May a Missouri lawyer practice from a virtual office without maintaining a physical office?
Yes. A physical office is not required, but the lawyer must provide a mailing address where mail is regularly received and comply with the same competence, diligence, communication, confidentiality,…
May a Missouri lawyer give a second opinion to someone represented by another lawyer in the same matter without that lawyer's consent?
Yes. Rule 4-4.2 does not bar communication with a represented person who independently seeks advice from a lawyer not otherwise representing a client in the matter. The consultation creates…
May a Missouri-licensed lawyer registered as a Category 3 nonresident member practice law in Missouri?
Only after changing from Category 3 to Category 1 with the Clerk of the Court and paying the balance of the full annual enrollment fee. Rule 9.01 otherwise permits an active nonresident member in…
Must a Missouri lawyer report a client's account that a judge made off-record statements showing partiality?
Only if the lawyer knows the judge made statements that violate the judicial-conduct rules; without knowledge, Rule 4-8.3(b) imposes no duty. Client consent is required before a report discloses…
Must a Missouri lawyer report opposing counsel's gender- and national-origin-related derogatory remark?
Reporting is required if the lawyer knows the remark violates Rule 4-8.4(g) and raises a substantial question about the other lawyer's honesty, trustworthiness, or fitness. Client consent is…
Are emails, text messages, and other electronic communications part of a Missouri client's file?
Yes. Emails with the client and about the representation, along with text messages and similar electronic communications, belong in the client file and must be retained under Rule 4-1.22.
May a private Missouri lawyer who represented a state agency in a parental-rights termination later represent the foster parents in the child's adoption?
Rule 4-1.11 does not apply because the contract lawyer was not a government employee. Rule 4-1.9 bars the later adoption representation if the matters are substantially related and materially…
May a Missouri lawyer jointly defend a company and its manager when the company pays both clients' legal fees?
Potentially, if the conflict is consentable, the lawyer reasonably believes both clients can receive competent and diligent representation, and both give informed written consent. The manager must…
May a Missouri lawyer keep representing two siblings after a joint partition representation becomes directly adverse?
No. Once the siblings' objectives became directly adverse, the opinion requires withdrawal from all three representations because continuing for either side would violate duties to the others.
May a Missouri lawyer hire an outside shredding company to destroy closed client files?
Yes, after Rule 4-1.22's retention and screening conditions are met. The lawyer must select and supervise the vendor under Rule 4-5.3 so the destruction preserves confidentiality.
May a Missouri lawyer represent a client engaged in conduct authorized by Missouri's medical-cannabis law but potentially prohibited by federal law?
The lawyer must advise the client of any state-federal conflict and may not violate federal law or help the client perform an act that violates federal law. The opinion leaves whether particular…
What must a Missouri lawyer do with unearned advance fees when returning them could reveal a confidential divorce consultation?
The lawyer must balance confidentiality with the duty to notify the client and promptly deliver the unearned funds. The opinion says to keep the funds in trust and make reasonable notification…
Must a Missouri lawyer withdraw when a medical condition prevents attendance at scheduled case events?
Withdrawal is required if the condition materially impairs the representation. It is not required if client consultation and reasonable measures, such as a continuance or additional counsel, prevent…
What must a Missouri criminal-defense lawyer do after receiving a suspected illegal substance in a client's fee-payment envelope?
The lawyer may not unlawfully destroy or conceal potential evidence, must comply with possession and transfer law, and may not assist concealment. Whether return or delivery to police is legally…
What must a Missouri lawyer do after receiving a discharge letter from a client who may have diminished capacity?
The lawyer must ordinarily withdraw and surrender the file, but should first communicate directly with a severely diminished client about capacity and the discharge. Rule 4-1.14 permits limited,…
What must a Missouri lawyer do after a laptop and phone that may contain client information are stolen?
The lawyer must take all reasonably necessary steps to block unauthorized access, communicate enough for affected clients to make informed decisions, comply with applicable notice law, and protect…
Browse Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri opinions by topic
Legal ethics opinions from the Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.