Could a lawyer give a second opinion to someone already represented in a pending matter?

Short answer The opinion said yes, if the represented person initiated the contact.

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 about giving a second opinion to a person represented by another lawyer in a pending matter.

The opinion said giving the second opinion did not violate the Rules of Professional Conduct as long as the client initiated the contact. It stated no other conditions.

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 existing counsel bar the second opinion?

A: No. The opinion allowed it if the represented person initiated contact.

Q: Who had to initiate the contact?

A: The client seeking the second opinion, according to the opinion.

Background and rules framework

The opinion addressed a second opinion requested by an already represented person. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940098/

Original opinion text

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

QUESTION: Attorney asks about giving a second opinion at the request of an individual who is represented by another attorney in a pending matter. Does providing a second opinion violate the Rules? ANSWER: Providing a second opinion to a client of another attorney does not violate any provision of the Rules of Professional Conduct as long as the client is the one who has initiated the contact.

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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