Ezel / Ethics Opinions / MOLEC

May a lawyer serve as both of counsel to a law firm and general counsel to a bank?

Short answer Yes. The opinion permits both roles if the lawyer discloses the relationship with each organization everywhere the lawyer is held out to the public, under Rules 4-7.1 and 4-7.5.
Bar
MOLEC
Issued
2012

Apply this to your situation

This page answers the general question as of 2012. 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 2012
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 opinion considers a lawyer who would be of counsel to a law firm and general counsel to a bank at the same time. It permits the simultaneous roles.

The stated condition is disclosure of both relationships everywhere the lawyer is held out to the public. The opinion cites Rules 4-7.1 and 4-7.5 for that condition.

In practice

For the two roles described, the opinion makes accurate public disclosure of both affiliations the express condition of its permission.

Common questions

Q: Are the two roles prohibited by the opinion?

A: No. It permits them on the stated public-disclosure condition.

Q: Where must the lawyer disclose the relationships?

A: Everywhere the lawyer is held out to the public, according to the opinion.

Background and rules framework

The opinion cites Rules 4-7.1 and 4-7.5 when requiring disclosure of the law-firm and bank relationships in public representations.

Citations and references

Missouri Rules of Professional Conduct:

  • Rules 4-7.1 and 4-7.5

See also

Source

Original opinion text

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

Question: May Attorney be “of counsel” with Law Firm and general counsel to a bank?

Answer: Attorney may be “of counsel” with Law Firm and general counsel to a bank, provided Attorney discloses the relationship with Law Firm and with the bank everywhere Attorney is held out to the public, pursuant to Rules 4–7.1 and 4–7.5.

What do the rules say today, for your facts?

This opinion is from 2012. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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