Ezel / Ethics Opinions / MOLEC

Does Rule 4-7.3 apply when a lawyer writes an unrepresented business to advise that it has been sued?

Short answer Yes. The opinion applies Rule 4-7.3 to businesses as well as individuals when a lawyer who does not represent the recipient writes to advise of a filed suit.
Bar
MOLEC
Issued
2008

Apply this to your situation

This page answers the general question as of 2008. 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 2008
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 asked whether Rule 4-7.3(b) governed a letter to a corporation or other business that only informed it of a filed lawsuit.

The opinion says Rule 4-7.3(b) applies equally to individuals and businesses, regardless of sophistication. It applies the rule when a lawyer or firm that does not already represent the person or entity writes to advise that it has been sued.

In practice

The opinion treats the proposed letter to a business nonclient as within Rule 4-7.3, even if the letter is limited to notice of suit.

Common questions

Q: Does business sophistication change the answer?

A: No. The opinion applies Rule 4-7.3(b) regardless of sophistication.

Q: Does the rule cover a letter that only says a suit was filed?

A: Yes. The opinion applies it to that stated letter.

Q: Does the answer distinguish current clients?

A: It describes a lawyer or firm that does not currently represent the person or entity being contacted.

Background and rules framework

The opinion interprets Rule 4-7.3(b) for letters sent by nonrepresenting lawyers to businesses and individuals about lawsuits.

Citations and references

Missouri Rules of Professional Conduct:

  • Rule 4-7.3

See also

Source

Original opinion text

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

QUESTION: Do the provisions of Rule 4–7.3(b) apply to letters to a corporate or other business entity that is limited to advising the entity that a suit has been filed against the entity?

ANSWER: Rule 4–7.3(b) applies equally to individuals and businesses, regardless of their level of sophistication. When a lawyer or law firm that does not currently represent a person or entity writes them to advise them that they have been sued, Rule 4–7.3 applies.

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This opinion is from 2008. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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