When could a lawyer rely on one person or a referring lawyer to authorize representation of others?

Plain-English summary

The opinion answered six scenarios in which one person claimed authority to arrange representation for others. Before filing over jointly owned damaged property, the lawyer had to verify the second owner's authority, except that an emergency allowed verification as soon as possible afterward. For a partnership, authorization was needed from all partners, orally or in writing as circumstances required; both spouses jointly owning a small business also had to authorize its representation.

For a corporation, the lawyer had to determine whether the individuals involved had authority to act for it, either for that matter or on an ongoing basis. The opinion declined the separate legal issue of what corporate-board action was required. For a referral from another licensed lawyer, the lawyer could rely on that lawyer's representations absent reason to doubt credibility, after enough inquiry to obtain information that direct client contact would have produced. A father could not alone authorize representation of his son on a traffic ticket; the lawyer needed the son's authorization regardless of residence.

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 one property co-owner authorize suit for both?

A: The lawyer had to verify with the other owner before filing, except in an emergency, when verification was required as soon as possible.

Q: Who had to authorize representation of a partnership?

A: All partners, with oral or written form depending on the circumstances.

Q: Could a father authorize representation of his son on a traffic ticket?

A: The lawyer had to obtain authorization directly from the son.

Q: Could the lawyer rely on a licensed referring attorney?

A: Yes, unless there was reason to doubt that attorney's credibility, after sufficient inquiry.

Background and rules framework

The opinion addressed verification of client authority across co-ownership, partnership, corporate, referral, and family settings. It cited no numbered rule and declined to decide the corporate-board legal question.

See also

• Missouri Informal Op. 940172: Corporation and shareholders
• Missouri Informal Op. 2021-05: Company manager joint representation

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/940165/

Original opinion text

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

QUESTION: Attorney asks a number of questions in which a client indicates that the client has the authority to speak for other clients and whether Attorney may proceed without direct verification. Question 1. Client A indicates that A and B own property which was damaged and they want to file suit against a 3rd party. Must Attorney verify this with B? Answer 1. Yes. Attorney must verify this information before filing suit unless it is an emergency situation. If it is an emergency situation, Attorney must verify the information as soon as possible. Question 2. If a partner or co-owner wants to file suit and indicates that the other partner is inactive and has given all necessary authority to the active partner, what must Attorney do to verify this? Answer 2. Attorney should obtain authorization from all partners before representing the partnership. Whether that authorization is written or oral will depend on the circumstances. Question 3. Husband and Wife jointly own a small business. Only one is active in the business. Must Attorney obtain authorization from both before representing the business? Answer 3. Yes. Question 4. What if the business is a corporation? Answer 4. Attorney must determine that the individuals with whom Attorney is dealing have authority to act on behalf of the corporation. This authority may be with regard to the individual situation or ongoing authority. The issue of what specific action must be taken by the board of directors, etc., is a legal issue not addressed by the Rules of Professional Conduct. Question 5. What must Attorney do to verify the information when a case is referred from another attorney? Answer 5. Attorney may rely on the representations of another licensed attorney unless Attorney has reason to doubt the credibility of the other attorney. Attorney should make sufficient inquiry of that attorney to be assured that all of the information has been obtained that would have been obtained if Attorney dealt with the client directly. Question 6. Attorney is asked by father to represent son on a traffic ticket. Must Attorney obtain authorization from the son directly? Does this differ if the son is away at college? Answer 6. Attorney must obtain authorization from the son directly regardless of where the son resides.