May a Missouri lawyer report a bogus-check scam by someone posing as a prospective client?

Plain-English summary

If a lawyer-client relationship formed, Rule 4-1.6 bars disclosure unless the client consents, law or a court order requires it, or another enumerated exception applies. Missouri has no Rule 4-1.6 crime-fraud exception.

If the person is a prospective client, Rule 4-1.18 protects consultation information as Rule 4-1.9 protects former-client information. If neither status applies, no confidentiality duty attaches and the lawyer may report.

In practice

Under this opinion, suspected fraud does not itself answer the confidentiality question. Relationship status is the threshold factual and legal issue.

Common questions

Q: Does Missouri have a Rule 1.6 crime-fraud exception? A: No.

Q: Is prospective-client information protected? A: Yes.

Q: When is reporting unrestricted by confidentiality? A: When neither a client nor prospective-client relationship formed.

Background and rules framework

Rules 4-1.6, 4-1.18, and 4-1.9 govern the three relationship-status branches.

Citations and references

• Missouri Rules 4-1.6, 4-1.9, and 4-1.18

See also

• Missouri Informal Op. 2025-08: Cashier's Check Trust Scam

Source

• Landing page: Missouri Informal Opinion 2018-06

Original opinion text

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

Question: May Attorney report to law enforcement authorities a purported prospective client who contacted Attorney with the apparent objective of defrauding the lawyer by sending Attorney a bogus check for deposit in Attorney’s trust account?

Answer: If Attorney has formed a client-lawyer relationship with the individual, Rule 4–1.6 prohibits disclosure of the suspected trust account scam unless the client gives informed consent, Attorney is required by law or a court order to disclose the information, or another exception to Rule 4–1.6 exists. Missouri has no crime-fraud exception in Rule 4–1.6. Whether a client-lawyer relationship exists is a question of fact and law outside the scope of the Rules of Professional Conduct. If the individual is a prospective client under Rule 4–1.18, Attorney may not use or disclose information gained in the consultation, except as Rule 4–1.9 would permit with respect to information of a former client. If no client-lawyer relationship was formed and the individual does not qualify as a prospective client under Rule 4–1.18, Attorney has no duty of confidentiality regarding the information and is free to report the information to appropriate law enforcement authorities.