Could a lawyer proceed with a necessary deposition after learning the third party threatened suicide if deposed?

Plain-English summary

A lawyer needed information from a third party for a client's case. The lawyer had been told the third party would commit suicide if deposed. No other source supplied the information, and opposing counsel would not stipulate.

The opinion required the lawyer to discuss fully with the client the legal and practical ramifications of proceeding, including effects on the case and client. After that discussion, the opinion said proceeding would not violate the Rules of Professional Conduct.

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: Did the opinion forbid the deposition?

A: No. It said proceeding after the full client discussion would not violate the Rules of Professional Conduct.

Q: What did the client discussion need to cover?

A: Legal issues and practical issues affecting both the case and the client.

Q: Was the information available another way?

A: The question said no other source existed and the opposing party would not stipulate.

Background and rules framework

The opinion addressed a threatened third-party witness and the lawyer's duty to discuss the ramifications of a deposition with the client. It cited no numbered rule.

See also

• Missouri Informal Op. 2020-03: Client's suicide threat
• Missouri Informal Op. 2011-08: Deposition expense nonpayment

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940046/

Original opinion text

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

QUESTION: Attorney represents a client in a case in which a third party has relevant information. Attorney has been notified that third party will commit suicide if deposed. The information cannot be obtained from any other source and the other side will not stipulate. ANSWER: Attorney has a duty to fully discuss the ramifications of proceeding with the deposition with the client. This discussion must include not only the purely legal issues but also the practical issues of the effect on the case and the effect on the client. After fully discussing the matter, Attorney will not be violating the Rules of Professional Conduct by proceeding.