May a legal-services program funded partly by the state represent clients against the state?

Short answer The opinion permits adverse representation despite state funding, with disclosure of that funding to the client and a waiver for the client’s claim against the state.

Bar

MOLEC

Issued

1996

Apply this to your situation

This page answers the general question as of 1996. 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

Missouri legal-services programs received state funds, but proposed using other funds for cases against the state or its agencies.

The opinion says state financial support does not bar representation of clients against the state. For a client’s claim against the state, it calls for disclosing that the program receives state funds and obtaining a waiver.

Currency note

This opinion was issued in 1996, before Missouri’s 2007 revisions to the Rules of Professional Conduct. 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: Does state funding itself bar the case?

A: No. The answer permits representation against the state and its agencies despite the funding.

Q: What does the answer call for in a client’s claim against the state?

A: Disclosure of the state funding and a waiver.

Background and rules framework

The published answer addresses the funding relationship and disclosure without citing a numbered rule.

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/960198/
Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Legal services programs receive funding from the state of Missouri. Those funds will not be used to represent interests adverse to the state; other funds will be used for those matters. May attorneys employed by legal services represent clients against the state? ANSWER: The legal services programs may provide representation to clients against the state and its agencies despite the fact that it will be receiving financial support from the state. In representing any client who may have a claim against the state, Attorney should disclose that legal services receives funds from the state and obtain a waiver.

What do the rules say today, for your facts?

This opinion is from 1996. Ezel checks the current Missouri Rules of Professional Conduct against your situation and cites the rules it relies on.

Opens in Ezel Pro.

Checks the law as it stands today, not only this page
Cites every source it relies on, so you can verify it
Chat, drafting and research in one workspace