Should malpractice counsel report another lawyer's liability-limitation agreement with an unrepresented client?

Plain-English summary

The lawyer represented a malpractice plaintiff whose former lawyer had drafted an agreement limiting malpractice liability without independent client representation. The lawyer asked whether reporting was required.

The opinion said the information should be reported to OCDC if the current client consented. It expressly declined to decide whether the defendant lawyer had violated the rules, leaving that determination to OCDC.

Currency note

This opinion was issued in 2001, 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 opinion find misconduct?

A: No. It expressly declined to decide whether a violation occurred.

Q: What condition preceded reporting?

A: The current client's consent.

Background and rules framework

The question cited Rules 4-8.3(a) and 4-1.8(h). The answer addressed reporting to OCDC and left the violation question open.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-8.3
• Rule 4-1.8

See also

• Missouri Informal Op. 20050051: Report Opposing Counsel Conflict

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/20010039/

• 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 has been retained to represent a client in a legal malpractice action against defendant attorney. The client retained the defendant attorney for representation in an employment discrimination suit. The defendant attorney drafted a complaint for the client to file pro se. The defendant attorney entered into an agreement with the client limiting defendant attorney’s liability to the client for malpractice and the client was not independently represented. The defendant attorney also failed to advise the client that the client should obtain independent representation. Does Attorney have an obligation under Rule 4–8.3(a) to report the defendant attorney’s violation of Rule 4–1.8(h)?

ANSWER: Attorney should report this information, if Attorney’s client consents. This opinion does not indicate a conclusion about whether the defendant attorney committed a violation of the rules. However, the information Attorney has described is information that should be provided to OCDC so a determination regarding whether a violation has occurred can be made.