May a claimant’s lawyer interview business employees when no lawyer for the business is known?

Short answer The opinion permits interviews if the lawyer neither knows nor has reason to know that counsel represents the business, while directing close attention to Rule 4-4.3 and its comments.

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

A slip-and-fall claimant’s lawyer wanted to interview employees of the business where the injury occurred. The lawyer knew of no lawyer for the business and did not know whether any employee was a manager.

The opinion permits interviewing the employees if the lawyer lacks knowledge or reason to know of counsel for the business. It directs the lawyer to Rule 4-4.3 and its comments for the interviews.

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: Did uncertainty about an employee’s management role prevent all interviews?

A: No. The question stated that uncertainty, and the answer still permitted interviews on its counsel-knowledge condition.

Q: Which rule did the answer emphasize for the interviews?

A: Rule 4-4.3 and its comments.

Background and rules framework

The answer invokes Rule 4-4.3 for interviews with employees where no business counsel is known.

Citations and references

Missouri Rules of Professional Conduct:

Rule 4-4.3

Source

Landing page: https://mo-legal-ethics.org/informal-opinion/960293/
Rule revision reference: Missouri Informal Opinion 970082

Original opinion text

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

QUESTION: Attorney represents the injured party in a slip and fall which occurred at a business. Attorney is not aware of any attorney who may be representing the business. Attorney is aware of employees of the business who were working at the time but does not know whether either might be a manager. May Attorney interview any of these employees? ANSWER: If Attorney does not know of, or have reason to know of, any attorney who may be representing the business, Attorney may interview the employees. However, in the course of interviewing these employees, Attorney must pay close attention to Rule 4–4.3 and the comments to that rule.

What do the rules say today, for your facts?

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