Ezel / Ethics Opinions / MOLEC

May a lawyer refer a client to another lawyer to revise a will that would leave the referring lawyer a substantial gift?

Short answer The opinion says the described referral and independent revision arrangement would not violate the Rules of Professional Conduct.
Bar
MOLEC
Issued
2005

Apply this to your situation

This page answers the general question as of 2005. 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 2005
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

A longtime client wanted to leave a substantial sum to her lawyer. The lawyer declined to draft that provision and proposed to connect the client with another lawyer for the will revision.

The proposed lawyer would contact the client, discuss the disadvantages of the bequest, and keep the bequest from the first lawyer’s knowledge. The first lawyer would not serve as personal representative under the new will. The opinion answers that this described course would not violate the professional-conduct rules.

In practice

The opinion approves the specific proposed referral and will-revision arrangement. It does not identify a numbered rule in its answer.

Common questions

Q: Did the first lawyer propose drafting the new bequest?

A: No. The lawyer planned to refer the client to another attorney for the will revision.

Q: What was the other lawyer expected to discuss?

A: The proposal called for discussion of the disadvantages of leaving a bequest to the first lawyer.

Q: What conclusion does the opinion reach?

A: The described course of action would not violate the Rules of Professional Conduct.

Background and rules framework

The published question and answer describe the proposed gift and referral but cite no numbered rule.

See also

Source

Original opinion text

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

QUESTION: For a number of years, Attorney has represented a couple, who were friends of Attorney’s family. Attorney prepared the original will and other documents. Husband died recently. Attorney is personal representative of Husband’s estate. Wife told Attorney she wants to make changes to her will and wants to leave Attorney a substantial sum of money. Attorney told Wife Attorney could not do that as her lawyer. Wife requested Attorney find another attorney to revise her will.

Attorney plans to call a respected attorney and tell that attorney of the situation. Attorney plans to give that attorney Wife’s phone number and request the attorney make contact with her. Attorney plans to advise the other attorney to discuss with Wife all of the negatives about leaving Attorney any bequest. Attorney will tell the other attorney to advise Wife that Attorney is not to know about the bequest. Attorney would not be named as personal representative in Wife’s new will. Is Attorney violating any disciplinary rule or ethics rule by undertaking the proposed action?

ANSWER: The proposed course of action will not violate the Rules of Professional Conduct.

What do the rules say today, for your facts?

This opinion is from 2005. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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