Would a lawyer be disciplined merely for filing a personal bankruptcy petition?

Short answer The opinion said personal bankruptcy alone was not grounds for discipline; fraudulent or dishonest conduct could independently be grounds for discipline.

Bar

MOLEC

Issued

1994

Apply this to your situation

This page answers the general question as of 1994. Ask about yours and see what the current Missouri Rules of Professional Conduct say for your facts, with citations.

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

A lawyer asked whether personally filing for bankruptcy would trigger discipline.

The opinion answered no. It distinguished a filing from fraudulent or dishonest conduct, which it said could be grounds for discipline independently of the bankruptcy.

Currency note

This 1994 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: Was a bankruptcy filing itself disciplinary?

A: No, according to the opinion.

Q: What conduct could independently trigger discipline?

A: Fraudulent or dishonest conduct associated with the matter.

Background and rules framework

The opinion drew a distinction between personal bankruptcy and fraud or dishonesty. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940014/

Original opinion text

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

QUESTION: Is Attorney subject to discipline if Attorney personally files for bankruptcy? ANSWER: No. However, if fraud or dishonesty is involved, the fraudulent or dishonest conduct would be grounds for discipline independent of the bankruptcy.

What do the rules say today, for your facts?

This opinion is from 1994. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

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