What did the opinion require after a client obtained confidential documents from opposing counsel's staff?

Short answer The opinion said to ask the client's permission to notify opposing counsel how the documents were obtained; without consent, the lawyer should withdraw and return the documents to the client.

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 client obtained confidential documents from a member of opposing counsel's staff without soliciting them. The lawyer asked how to respond.

The opinion said the lawyer should request the client's permission to tell opposing counsel that the lawyer had the documents and how they were obtained. If the client refused consent, the opinion said the lawyer should withdraw and return the documents to the client.

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: What notice did the opinion address?

A: Notice to opposing counsel that the lawyer had the documents and how they were obtained, with the client's permission.

Q: What if the client refused permission?

A: The opinion said the lawyer should withdraw and return the documents to the client.

Background and rules framework

The opinion addressed documents obtained by a client from opposing counsel's staff without solicitation. It cited no numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/940133/

Original opinion text

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

QUESTION: Attorney´s client obtained confidential documents from a member of opposing counsel´s staff. The client did not solicit the documents. What should Attorney do? ANSWER: Attorney should ask the client for permission to notify opposing counsel that Attorney has the documents and how Attorney obtained them. If the client will not consent, Attorney should withdraw and return the documents to the client.

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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