Ezel / Ethics Opinions / MOLEC

May a lawyer disclose client information to defend a lawsuit concerning that representation when the lawyer is personally named?

Short answer Yes. The opinion permits disclosure only to the extent necessary for the lawyer's defense.
Bar
MOLEC
Issued
2003

Apply this to your situation

This page answers the general question as of 2003. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

Currency note: this opinion is from 2003
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
How much weight this carries: Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The lawyer was personally named as a defendant in litigation relating to a client representation and asked whether confidential information could be disclosed in defense.

The opinion permits disclosure to the extent necessary for that defense.

In practice

The opinion limits disclosure of confidential information to what the defense requires.

Common questions

Q: Does being sued permit any disclosure?

A: The opinion permits disclosure to the extent necessary for the lawyer's defense.

Q: Does the opinion identify a numbered rule?

A: No numbered rule appears in its published question and answer.

Background and rules framework

The published answer addresses the lawyer's own defense of a representation-related suit without citing a numbered rule.

See also

Source

Original opinion text

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

QUESTION: May Attorney disclose confidential information in order to defend in a lawsuit relating to representation of the client? Attorney is personally named as a defendant.

ANSWER: It is permissible for attorney to disclose confidential information to the extent necessary for Attorney’s defense.

What do the rules say today, for your facts?

This opinion is from 2003. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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