What duty did the opinion identify when a lawyer learned opposing counsel attached stored notarized signatures to later filings?

Plain-English summary

A lawyer described an opposing lawyer keeping notarized client signatures and attaching them to later documents. Whether the clients reviewed those later documents was disputed.

The committee said it does not issue advisory opinions about another lawyer’s conduct. On the facts supplied, it said the requester had a Rule 4-8.3(a) duty to provide the information to the Office of Chief Disciplinary Counsel. It distinguished a complaint, which identifies the submitting lawyer as complainant, from a report, which does not and does not result in a disposition notice.

Currency note

This opinion was issued in 1997, 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 the committee decide whether opposing counsel violated a rule?

A: No. It said advisory opinions are not issued on the conduct of a lawyer other than the requester.

Q: Could the information be submitted as a report?

A: Yes. The answer permits either a report or complaint and explains the different treatment of the submitter.

Background and rules framework

The answer cites Rule 4-8.3(a) as the requester’s reporting duty and reserves judgment on the opposing lawyer’s conduct.

Citations and references

Missouri Rules of Professional Conduct:

• Rule 4-8.3(a)

See also

• Missouri Informal Op. 2018-07: Impaired Lawyer Reporting
• Missouri Informal Op. 2025-02: Timing of Misconduct Report

Source

• Landing page: https://mo-legal-ethics.org/informal-opinion/970029/
• 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 is involved in a case in which opposing counsel has admitted to keeping notarized signatures of clients on file and subsequently attaching them to discovery documents or documents to be filed in court. The facts are disputed whether the signer actually reviewed the documents by fax or mail prior to the notarized signature being attached. Has opposing counsel violated the rules? ANSWER: Advisory opinions are not issued on the conduct of an attorney other than the one requesting the opinion. However, based on the information Attorney has provided, Attorney has a duty to report the information, including the name of the attorney, the case, etc., to the Office of Chief Disciplinary Counsel. The duty to report is found in Rule 4–8.3(a). Because Attorney has a duty under the Rules to provide this information, Attorney may submit it in the form of a “report” or a “complaint.” If Attorney submits a complaint, Attorney will be considered the complainant in the same manner as anyone else who files a complaint. If Attorney submits a “report,” Attorney will not be considered or identified as the complainant. Attorney also will not be notified of the disposition of the matter.