Could a divorce lawyer prepare an entry of appearance for the unrepresented opposing spouse?

Plain-English summary

A dissolution lawyer asked about preparing an entry of appearance and waiver of service for the unrepresented opposing spouse.

The opinion prohibited drafting a responsive pleading for that person. It allowed a very simple entry of appearance under Rules 4-4.3 and 4-1.7, with propriety of the entry and cover letter depending on their language. The letter should state at the outset whom the lawyer represents and does not represent, and tell the opposing spouse to consult independent counsel with questions.

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: Could the lawyer draft a responsive pleading for the opposing spouse?

A: No, according to the opinion.

Q: Could the lawyer submit a simple entry of appearance?

A: Yes, with the cover letter's clear representation disclosures and independent-counsel statement.

Background and rules framework

The opinion applied Missouri Rules 4-4.3 and 4-1.7 to a simple entry and cover letter sent to an unrepresented opposing spouse.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-4.3
• Missouri Rule 4-1.7

See also

• Missouri Informal Op. 940180: Certified-mail cover letter
• Missouri Informal Op. 940199: Unrepresented defendant

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940161/

Original opinion text

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

QUESTION: May Attorney prepare an entry of appearance and waiver of service for the opposing party in a dissolution case when that person is not represented by counsel? In many instances, the opposing party wishes to avoid the embarrassment of personal service. ANSWER: It would never be permissible to draft a responsive pleading for an unrepresented opposing party. However, the propriety of drafting the entry and accompanying cover letter is dependent on the actual language used. It is permissible under Rules 4–4.3 and 4–1.7 to draft a very simple entry of appearance and submit it to the other party. The cover letter should clearly indicate at the beginning that Attorney does not represent the opposing party and that Attorney does represent the other spouse. The letter should also indicate that the opposing party should consult an independent attorney if he or she has any questions.