Could nonlawyer community leaders set broad policy for a nonprofit legal office without directing individual cases?

Plain-English summary

A nonprofit office planned to represent indigent people directly in civil and criminal matters. It asked whether community leaders who were not lawyers could participate in board policy decisions if they did not control the lawyers' judgment in cases.

The opinion said Rule 4-5.4(d) did not appear to apply to the proposed organization, but Rule 4-5.4(c) did. Lay board members could help set broad policy but could not direct lawyers in specific matters involving professional judgment. The opinion also cited the Rule 5.4 comment's advice that the lawyers have a written agreement defining their role and independence.

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: Could lay board members set broad organizational policy?

A: Yes, under the opinion's answer.

Q: Could they direct lawyers on individual matters?

A: No. Rule 4-5.4(c) applied to protect professional judgment in specific situations.

Q: Did the opinion apply Rule 4-5.4(d)?

A: It said that subdivision did not appear to apply to the proposed organization.

Background and rules framework

The opinion distinguished Rule 4-5.4(d)'s apparent inapplicability from Rule 4-5.4(c)'s control over nonlawyer interference with professional judgment. Its answer was based on the nonprofit structure and proposed separation of broad policy from individual cases.

Citations and references

Rules of Professional Conduct:

• Missouri Rule 4-5.4(d) (found apparently inapplicable)
• Missouri Rule 4-5.4(c)
• Comment to Missouri Rule 5.4

See also

• Missouri Formal Op. 121: Nonprofit staff lawyer clients
• Arizona Ethics Op. 90-14: Professional independence

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/950198/

Original opinion text

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

QUESTION: Attorney´s office is a non-profit organization. The office will directly represent indigent persons in civil and criminal proceedings as a public interest law firm. May community leaders who are not licensed attorneys participate in the policy making decisions of the board if these decisions did not involve controlling the professional judgment of attorneys? Does Rule 4–5.4(d) apply to this organization? ANSWER: Based upon the information provided, it does not appear that Rule 4–5.4(d) would apply to the proposed organization. However, Rule 4–5.4(c) would apply. Therefore, as with the current organization, the lay members should have no role in directing the attorneys in specific situations involving professional judgment. It would be permissible for the lay members to participate in establishing broad policies for the organization. The comment to Rule 5.4 states that it is advisable for attorneys who work for such an organization to have a written agreement which defines their role and provides for independence of the attorneys.