Could adoptive parents' lawyer give the birth mother copies of documents she signed after a dispute arose?

Plain-English summary

A lawyer represented adoptive parents in an adoption. After a dispute arose with the natural mother, she sought copies of documents she had signed.

The opinion allowed the lawyer to provide the documents only with the adoptive parents' consent or through a subpoena or other lawful discovery if a lawsuit was filed.

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: Did signing the documents alone entitle the mother to copies from the lawyer?

A: No. The opinion required the clients' consent or lawful litigation process.

Q: What process could allow disclosure without consent?

A: A subpoena or other lawful discovery if litigation was filed.

Background and rules framework

The opinion addressed disclosure of adoption documents held by adoptive parents' counsel to another signatory during a later dispute. It cited no numbered rule.

See also

• Missouri Informal Op. 2015-10: Joint client file transfer
• Missouri Informal Op. 950241: Insured-insurer joint client file

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/930131/

Original opinion text

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

QUESTION: Attorney represented adoptive parents in an adoption. Natural mother and adoptive parents now have a dispute. Natural mother wants copies of documents she signed. May attorney provide them to her? ANSWER: Only with the consent of the adoptive parents or through a subpoena or other lawful discovery if a lawsuit is filed.