Could a client sign and send a client-written request on the lawyer’s firm letterhead?

Short answer No. The opinion barred client correspondence on the firm’s letterhead, but allowed the lawyer to send a separate letter saying the lawyer represented the employee.
Bar
MOLEC
Issued
1998

Apply this to your situation

This page answers the general question as of 1998. 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 lawyer asked whether a client could sign a service-letter request on firm letterhead.

The opinion said client correspondence could not use the firm’s letterhead. It allowed the lawyer to send a separate letter to the employer stating that the lawyer represented the employee in the matter.

Currency note

This opinion was issued in 1998, before Missouri’s 2007 revisions to the Rules of Professional Conduct. Later amendments or opinions may have changed the analysis. Treat this page as historical context and verify current rules before relying on it. The official Rule 4-1.9 and 4-1.10 reference notes identify July 1, 2007 amendments.

Common questions

Q: Could the client sign the request on firm stationery?

A: No. The opinion expressly barred it.

Q: Could the lawyer write the employer separately?

A: Yes, to state that the lawyer represented the employee.

Background and rules framework

The answer referred to Supreme Court Rule 4 generally without a numbered subsection.

See also

Source

Original opinion text

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

QUESTION: May Attorney permit a letter to be sent on the Attorney’s firm letterhead which is signed by a client? The letter is a request for a service letter.
ANSWER: It is not permissible for Attorney to permit the firm´s letterhead to be used for client correspondence. Nothing in Supreme Court Rule 4, the Rules of Professional Conduct, would prohibit Attorney from sending a separate letter advising the employer that Attorney is representing the employee regarding this matter.

What do the rules say today, for your facts?

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