What could a lawyer tell business clients, individual clients, or police after another client alleged business crime?

Plain-English summary

A lawyer represented a business and several individuals who were also business clients. Another client confidentially alleged the business had committed criminal acts that might harm some of the individuals.

The opinion barred telling the business or individuals the reporting client's information and required withdrawal from the business under Rule 1.16. It also barred passing to individual clients information learned from law enforcement in connection with representing the business. The lawyer could disclose client-representation information to law enforcement only under a court order after confidentiality had been fully presented.

Currency note

This 1993 opinion predates Missouri's 2007 amendments to its Rules of Professional Conduct. An official reference note identifies July 1, 2007 amendments to Rules 4-1.9 and 4-1.10. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it.

Common questions

Q: Could the lawyer warn the business about the other client's statement?

A: No. The opinion barred disclosure and required withdrawal from the business.

Q: Could the lawyer tell individual clients the confidential allegation?

A: No. The opinion barred that disclosure too.

Q: When could information go to law enforcement?

A: Only under a court order after the confidentiality issue was fully presented.

Background and rules framework

The opinion addressed overlapping business and individual clients, confidential allegations from another client, and withdrawal under Rule 1.16.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 1.16

See also

• Missouri Informal Op. 940147: Corporate client conflict and disclosures
• Missouri Informal Op. 940043: Client statement and court order

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930129/

Original opinion text

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

QUESTION: Attorney represents several individual clients who are also clients of a business client of attorney. Another client tells attorney confidentially that business client has committed acts which are criminal and may adversely affect one or more of the individual clients. (1) What obligation does attorney have to tell business client? (2) What obligation does attorney have to individual clients? (3) What information can attorney tell law enforcement officials if they request it? ANSWER: (1) Attorney may not tell the business client information obtained from the other client. Attorney must withdraw from representation of business client and follow requirements of Rule 1.16. (2) Attorney may not tell the individual clients the information obtained from the other client. Attorney may not disclose to the individuals information obtained from law enforcement if the contact with law enforcement relates to attorney´s representation, past or present, of the business client. (3) Attorney must not disclose any information related to representation of any client to law enforcement unless attorney has been ordered to do so after the issue of confidentiality has been fully presented to the court.