Ezel / Ethics Opinions / MOLEC

What duties do a Missouri lawyer and firm have after the lawyer departs, beyond client notice?

Short answer They must promptly correct public materials, end the lawyer's trust-account access, update court and bar contact information, and take any additional competent and diligent steps needed to protect clients.
Bar
MOLEC
Issued
2020

Apply this to your situation

This page answers the general question as of 2020. 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 2020
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

Firm lawyers must promptly revise advertising, the website, the firm name if needed, and other communications so they no longer misleadingly identify the departing lawyer as associated with the firm.

The lawyer's trust-account access ends on departure. The lawyer updates required information with the Missouri Supreme Court and contact information with The Missouri Bar. Rules 4-1.1, 4-1.3, and 4-1.16 may require further steps to protect clients.

In practice

Under this opinion, departure requires coordinated updates across public identity, financial access, registration records, and client-service continuity.

Common questions

Q: When should public materials change?

A: Promptly after departure.

Q: What happens to trust-account access?

A: It is terminated upon departure.

Q: What records must the lawyer update?

A: Required Supreme Court information and Missouri Bar contact information.

Background and rules framework

Rules 4-7.1 through 4-7.5 govern accurate public communications, Rule 4-1.15 governs trust access, Rule 6.01(b) governs registration data, and Rules 4-1.1, 4-1.3, and 4-1.16 protect clients.

Citations and references

Rules of Professional Conduct:

  • Missouri Rules 4-1.1, 4-1.3, 4-1.15, 4-1.16, and 4-7.1 through 4-7.5

Missouri Supreme Court Rules:

  • Rule 6.01(b)

See also

Source

Original opinion text

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

QUESTION: In addition to notifying clients for whom Attorney is providing material representation, what other steps should be taken by Attorney and the firm following Attorney’s departure from the firm?

ANSWER: Firm lawyers should promptly update advertising materials, the firm’s website, the firm’s name if necessary, and other communications to avoid false or misleading information as to the lawyers associated with the firm. See Rules 4–7.1 – 4–7.5. Attorney’s access to the firm’s trust account(s) should be terminated upon departure. See Rule 4–1.15. Attorney should furnish the Supreme Court of Missouri with updated information as required by Rule 6.01(b) and provide updated contact information to The Missouri Bar. Other steps may be appropriate to protect the interests of clients as required by Rule 4–1.16, Declining or Terminating Representation, Rule 4–1.1, Competence, or Rule 4–1.3, Diligence.

What do the rules say today, for your facts?

This opinion is from 2020. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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