Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri, with full citations and source links on every page.
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Must a lawyer's radio ad say that professional announcers in a dialogue are not actual clients?
The opinion required a disclaimer under Rule 4-7.1(g) that the voices were not actual clients, while allowing wording other than the rule's exact language if it conveyed that meaning.
Could a lawyer join a television-advertised call service that screened and forwarded prospective clients?
The opinion classified the program as a lawyer referral service and said Rule 4-7.2(c)(3) allowed participation only if it was a qualified service registered under Rule 10.1.
Could a lawyer write demand letters for a collection agency when the creditors were not the lawyer's clients?
The opinion said the proposed letters would violate Rule 4-5.5 by helping the collection agency engage in unauthorized practice of law.
Could a lawyer seek confirmation that a former client knowingly waived confidentiality before speaking with the FBI?
The opinion said the lawyer could insist on verification from the former client or current counsel of knowing consent; it cautioned against disclosure unless the lawyer was certain the client…
Could counsel use a contingent fee tied to past-due maintenance or child support recovered through a contempt action?
The opinion answered yes to a fee set as a percentage of past-due maintenance or child support collected as a result of filing the contempt action.
Could lawyers in a valid LLP call their firm a partnership even if profits and losses were not shared?
The opinion allowed the partnership designation if the firm formed a valid LLP under LLP law, but said that status did not limit individual members' ethical liability or eliminate Rule 4-1.10 imputation.
Could a Missouri lawyer charge a finance charge on past-due legal fees?
The opinion allowed a finance charge if the lawyer fully disclosed it before contracting with the client and complied with other applicable law; it declined to decide issues under laws outside the…
Could a lawyer who represented both spouses in bankruptcy later represent one spouse in their divorce?
The opinion allowed the divorce representation under Rule 4-1.9(b) if the lawyer had no confidential information from the joint bankruptcy that could harm the other spouse, or if that spouse waived…
Could a defense lawyer request a nonprosecution affidavit and negotiate restitution within the complainant's actual loss?
The opinion answered yes to both the proposed affidavit request and negotiation of restitution no greater than the complainant's actual loss.
Could a city alderman represent defendants in that city's municipal court, and what changed after the alderman's term?
The opinion found a conflict during the lawyer's alderman term; after the term, it found no general conflict while cautioning that particular facts could still create one.
Must a lawyer send opposing counsel a copy of a proposed judgment submitted to the judge?
The opinion required a copy to opposing counsel when the draft went to the judge, unless the court ordered in camera submission without service or sharing; oral contact required opposing counsel's…
Could a lawyer who represented both spouses after a car crash later sue one spouse for the other?
The opinion allowed the proposed withdrawal and adverse suit if each spouse consented after being fully informed of all relevant considerations; it described written disclosure and consent as…
Would service on the city planning commission disqualify a lawyer or firm from defending municipal-court clients?
The opinion found no automatic conflict for the lawyer or firm from planning commission membership, while allowing that particular cases could still present a conflict.
Could a lawyer for a juvenile office also serve as a commissioned deputy juvenile officer?
The opinion found no general conflict under the Rules of Professional Conduct, left open conflicts on particular facts, and declined to decide separate legal conflicts outside those rules.
Could a lawyer pay a collection agency a per-matter administrative fee for creditor litigation referrals?
The opinion said the fee was either a prohibited referral payment under Rule 4-7.2(c) or improper nonlawyer fee splitting under Rule 4-5.4(a); it identified other concerns it could not resolve…
Could a lawyer who obtained a default judgment for one client later defend the judgment debtor against an assignee?
The opinion said no unless the judgment assignee waived the conflict under Rule 4-1.9(a).
Could a lawyer subpoena a client's records in opposed litigation but waive the recipient's appearance?
The opinion said no: when litigation has an opposing party, the lawyer could not obtain subpoenaed documents while waiving the recipient's appearance, even if the documents belonged to the client.
Could a civil trustee for an inmate remain in that role after becoming an assistant prosecutor in the office that prosecuted the inmate?
The opinion found an apparent conflict and directed withdrawal from the trustee role and screening from the criminal case; prior participation in that case triggered a special-prosecutor requirement…
Could a lawyer publish a newspaper legal column in a question-and-answer format?
The opinion generally permitted the format for general information, but said the lawyer must avoid specific advice and identifying details from real inquiries and disclose when questions were not…
Could a guardian ad litem receive a percentage fee after recovering funds for a minor without a written contingent-fee agreement?
The opinion found no Rule 4-1.5(c) violation if the court approved a reasonable fee, provided the lawyer disclosed the missing written agreement; it also stated the rule's writing requirement for…
Could Missouri lawyers partner with solicitors admitted in England and Wales?
The opinion answered yes to a partnership with solicitors admitted in England and Wales, provided the partnership did not engage in unauthorized practice of law in Missouri.
Could a lawyer who was also personal representative authorize release of a deceased client's medical records?
The opinion said Rule 4-1.6 confidentiality continued after the client's death and barred the lawyer from authorizing disclosure of confidential information without a court order.
Where could a firm place the Rule 4-7.4 disclaimer when attorney brochure inserts claimed specialization?
The opinion allowed the disclaimer on the brochure's outside jacket or firm insert, but required it on or with an individual lawyer's sheet if that sheet was separately distributed.
Could a prosecutor's office handle a former private client's child-support case without appointing a special prosecutor?
The opinion allowed the office to proceed without a special prosecutor if the assistant prosecutor was formally and effectively screened, assuming such former-client cases occurred only occasionally.
When did this opinion require advertising and contingent-fee disclaimers in a law firm newsletter?
The opinion treated the newsletter as advertising, made solicitation status depend on recipients and content, and required a contingent-fee disclaimer when the newsletter suggested that the firm…
Could a plaintiff's lawyer send a settlement offer to an insured person when an adjuster was involved?
The opinion allowed direct contact if the lawyer neither knew nor had reason to know the insured had counsel, regardless of an adjuster; if any lawyer represented the insured, Rule 4-4.2 barred…
What did this opinion require a lawyer to do before withdrawing when clients could not be located?
The opinion required all reasonable efforts to reach the clients, without deciding whether the lawyer's efforts were sufficient; it said a private investigator and publication notice were not mandatory.
Could a lawyer serve as a municipal judge and an assistant prosecutor in another county?
The opinion answered yes under the Rules of Professional Conduct, but declined to decide the separate judicial-conduct question under Supreme Court Rule 2.
Could one lawyer continue representing a driver and passenger after the defendant crossclaimed against the driver?
The opinion allowed joint representation while the clients' positions remained consistent and both waived the conflict after full disclosure; a material divergence required withdrawal from one or both.
Could a lawyer give an incapacitated estate client's videotape to an attorney in fact and disclose it after the client's death?
The opinion allowed physical custody to the attorney in fact while the client lived and, on the stated facts, permitted implied client consent to post-death disclosure under Rule 4-1.6; it did not…
Could a lawyer serve as a Social Security representative payee and take the standard fee?
The opinion said accepting the described standard $50 fee for serving as representative payee would not violate the Rules of Professional Conduct.
What ethics duty did this opinion identify when a lawyer declined a case after brief client contact?
The opinion applied Rule 4-1.16's duty to take reasonably practicable steps to protect the client's interests, while leaving the extent of any statute-of-limitations notice to malpractice rather…
Could a lawyer who represented both an insured and insurer give the whole file to the insured's new lawyer?
The opinion barred release of the whole file on the insured's consent alone, apart from communications sent by the insured's new lawyer; full release required the insurer's consent too.
Could a firm that represented a former guardian later represent her against the former ward in custody and support matters?
The opinion allowed the representation unless the former ward could reasonably have considered himself a client of the firm in the earlier probate proceeding.
Could a Missouri sole practitioner call the practice 'The X Law Firm'?
The opinion answered yes, reasoning that 'firm' could describe a commercial enterprise without regard to headcount, and declared contrary Informal Opinion 950120 no longer valid.
Could a lawyer take an upfront contingent fee calculated on a structured settlement's present value?
The opinion allowed the upfront fee if it was based on the settlement's present value and the client consented in the original contract or otherwise.
Must a defense lawyer withdraw when current jail clients want to testify against the lawyer's former client?
The opinion answered yes to withdrawal from representing the current clients who wanted to testify against the former client.
Could a lawyer who witnessed relevant conduct remain trial advocate when unlikely to be a necessary witness?
The opinion allowed the lawyer to advocate at trial on the described facts; if a necessary witness, Rule 4-3.7(a) would bar trial advocacy but still permit remaining attorney of record.
Under this historical opinion, could a workers' compensation lawyer pay a client's treatment and travel costs?
The opinion barred payment or advances for medication, treatment, and treatment travel under then-effective Rule 4-1.8(e), but allowed advances for a genuine litigation evaluation and related…
Could a part time municipal judge or the judge's partner defend cases in the municipality?
The opinion answered no to defense in the judge's municipal court, no to circuit-court defense arising in the municipality, and no to the judge's partner defending in that municipal court before…
Did a general firm brochure mailed to prospective clients need an 'ADVERTISING' label?
The opinion said a brochure containing only general firm information did not require the Rule 4-7.3(a) label, but an accompanying communication referring to the recipient's particular legal matter did.
Did an office mate's prior guardianship work bar a separate lawyer from representing one former client against another?
The opinion found no conflict barring the representation on the described facts, which established a true office-sharing arrangement between the lawyers' firms.
Could a lawyer pay a for-profit company to refer callers from its 800 number?
The opinion said paying the company for referrals through the described 800-number program would violate Rule 4-7.2(c).
Did one lawyer's appointment as special prosecutor bar firm colleagues from unrelated cases against the state?
The opinion found no conflict for other firm lawyers' unrelated criminal-defense or state-adverse work because the special-prosecutor appointment was personal and limited to one case.
What did this opinion require before suing former clients on unrelated matters?
The opinion required a case-by-case inquiry under Rule 4-1.9(b) into whether information gained in the earlier representation could harm the former client in the new matter.
Could nonlawyer community leaders set broad policy for a nonprofit legal office without directing individual cases?
The opinion said Rule 4-5.4(d) did not appear to apply, while Rule 4-5.4(c) allowed broad policy participation but barred lay directors from directing lawyers' professional judgment in specific cases.
Could a personal-injury lawyer omit cost repayment entirely from a contingent-fee arrangement?
The opinion allowed cost repayment to depend on the case outcome, but said a successful case required repayment of costs and expenses except when the client was indigent.
Could a guardian ad litem disclose information learned through that role about another person?
The opinion required confidentiality unless a court ordered disclosure after the confidentiality issue had been fully raised to the court.
What did this opinion require in a letter to potential class members about a pending suit?
The opinion required Rule 4-7.3's 'ADVERTISING' disclaimer and said the lawyer should qualify any claim that a class action had been filed if the class was not yet certified.
Could a municipal prosecutor continue serving when one of several municipal judges was the prosecutor's relative?
The opinion allowed the prosecutor to continue without appearing before the relative. It also permitted an appearance before the relative, said the relationship should be disclosed formally, and…
Could lawyers in a municipal judge's firm handle municipal zoning matters if the firm did not share profits?
No. The opinion applied Rule 4-1.10 to the firm despite its internal financial arrangements and imputed each member's conflicts to all members.
What did a departing lawyer and firm owe clients concerning notice and their case files?
Both lawyer and firm had obligations to ensure affected clients were informed. The client owned the original file and the chosen lawyer or firm should receive it unless the client consented to a copy.
Did a lawyer have to seek a guardian ad litem for a client with Alzheimer's disease who had not been declared incompetent?
On the stated facts, the opinion found no apparent obligation under the Rules of Professional Conduct to seek a guardian ad litem. It directed review of Rule 4-1.14 and discussion with the client…
Could other lawyers in a city attorney's firm defend clients in that city's municipal court?
No. The opinion treated the city as a firm member's client and municipal defendants as directly adverse to that client under Rule 4-1.7(a).
Did a part-time prosecutor's prior work for defendants in related matters disqualify the whole prosecutor's office?
No, provided adequate screening kept the prosecutor from those cases. The opinion specified isolating the files and informing other staff so they would not share information or involve the…
Could a lawyer represent a divorce client after the lawyer's former firm prepared that client's prenuptial agreement?
Assuming the former firm represented both parties, the opinion found a Rule 4-1.9 conflict if the lawyer obtained confidential information about the agreement, but none if the lawyer did not. An…
Could a lawyer run a separate investigation business and use it to refer customers to the law practice?
The opinion permitted the separate investigation business, but barred its use for law-practice referrals as in-person solicitation under Rule 4-7.3(b). It treated conflicts of either business as…
Could a lawyer represent a client against the client of an attorney sharing office space?
Yes, if the practices truly shared only space and expenses and maintained separate files, client information, staff instructions, signage, and advertising. Without that separation, the opinion…
Did current defense counsel have to report former counsel's disclosure after a court overruled confidentiality objections?
No. On the stated facts, the opinion answered that Rule 4-8.3 did not require a report of former counsel's in-court disclosure after the confidentiality issue had been raised and the court overruled…
Could a lawyer copy the opposing party on a settlement offer sent to that party's lawyer?
No. The opinion said the proposed copy to the represented opposing party would violate Rule 4-4.2, even where the lawyer would neither seek nor accept direct contact.
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Legal ethics opinions from the Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. Under Missouri Supreme Court Rule 5.30, formal opinions are binding; informal opinions are advisory. Source. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.