Must a lawyer report opposing counsel who continued settlement and discovery after the client's death without disclosing it?

Plain-English summary

A lawyer knew that another lawyer continued settlement negotiations and discovery after that lawyer's client died, without disclosing the death to the court or opposing counsel.

The opinion said Rule 4-8.3(a) required a report. It said the reporting lawyer could state that the report was made only because of that duty and ask not to be regarded as a complainant. Under those circumstances, the lawyer would not be identified or treated as a complainant under Missouri Supreme Court Rule 5.

Currency note

This 1995 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 require a misconduct report?

A: Yes, under Rule 4-8.3(a) on the stated facts.

Q: Could the reporter avoid complainant status?

A: The opinion said the reporter could explain the report was duty-driven and ask not to be considered a complainant; then the reporter would not be identified or treated as one under Rule 5.

Background and rules framework

The opinion applied Missouri Rule 4-8.3(a) to nondisclosure of a client's death during ongoing settlement and discovery, and described complainant treatment under Missouri Supreme Court Rule 5.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-8.3(a)

Other rules:

• Missouri Supreme Court Rule 5, complainant treatment

See also

• Missouri Informal Op. 950165: Reporting former counsel disclosure
• Missouri Informal Op. 20050051: Reporting opposing counsel conflict

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950089/

Original opinion text

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

QUESTION: Attorney has knowledge that another attorney continued to negotiate settlement of a case and to engage in discovery after the other attorney´s client was deceased. The other attorney did not disclose the fact of the client´s death to the court or opposing counsel during this period. Does Attorney have a duty to report the other attorney´s conduct? ANSWER: Yes, Rule 4–8.3(a) requires the attorney to report the other attorney´s conduct. Attorney may indicate that Attorney is only reporting as a result of the duty to do so and that Attorney does not wish to be considered a complainant. Under those circumstances, Attorney will not be identified as a complainant and you will not be treated as a complainant under Missouri Supreme Court Rule 5.