What did the opinion say a lawyer should do about suspected improper solicitation letters to debtors?

Plain-English summary

A creditor-side lawyer saw letters soliciting debtors for bankruptcy representation and asked whether suspected Rule 4-7.3 violations should be reported.

The opinion said a lawyer who believed Rule 4-7.3 had been violated should report the other lawyer to the office, which would independently decide whether a violation occurred.

Currency note

This opinion was issued in 2000, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Did the office decide the letters violated the rule?

A: No. It said the office would make an independent determination after a report.

Q: What belief triggered the stated reporting response?

A: A belief that another lawyer violated Rule 4-7.3.

Background and rules framework

The question cited Rules 4-7.3 and 4-8.3(a); the answer expressly addressed suspected violations of Rule 4-7.3.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-7.3
• Rule 4-8.3

See also

• Missouri Informal Op. 20000103: Website Intake Email

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20000132/

• Rule revision reference: Missouri Informal Opinion 20030007

Original opinion text

Reproduced from the official source for research purposes. The linked source is authoritative.

QUESTION: Attorney´s firm represents creditors in their attempts to collect amounts owed to them by their debtors. Attorney has recently become aware of attorneys who are soliciting those debtors for representation in bankruptcy by sending them a letter. These letters appear to Attorney to be in violation of Rule 4–7.3. Attorney is aware that Attorney is required by Rule 4–8.3(a) to report violations of the Rules of Professional Conduct. Are the potential violations described at a level that should be reported?

ANSWER: If Attorney believes that an attorney has violated the provisions of Rule 4–7.3, Attorney should report that attorney to this office so that we can make an independent determination regarding whether a violation has occurred.