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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Which defense and special-prosecutor matters could a part-time county prosecutor and private firm handle?
The opinion allowed some federal and out-of-county municipal defense work, special-prosecutor work, and certain juvenile-officer matters, but barred Missouri state criminal defense and County A…
Could a paralegal sign a lawyer's name to correspondence or pleadings?
Yes, document by document, after the lawyer reviewed, supervised production, and approved the content. The paralegal had to indicate that the signature was placed by the paralegal.
Could a lawyer join a credit-card merchant program that referred customers in exchange for a twenty-percent participation fee?
No. On the stated facts, the opinion found that participation would violate Rule 4-5.4(a)'s ban on nonlawyer fee splitting and Rule 4-7.2(c)'s ban on paying value for a referral.
Could a collection firm pay nonlawyer employees an incentive based on a percentage of an individual contingent fee?
No. The opinion found the proposal violated Rule 4-5.4(a); any profit-sharing plan had to relate generally to firm profits, not a fee or profit on one matter.
When could a lawyer destroy an original client file or file copies?
The opinion said the original file belongs to the client and should not be destroyed without consent; items held for safekeeping with inherent value could not be destroyed. A lawyer could set a…
Could a lawyer contracted by a state agency represent other clients before that agency's hearing process?
No. The opinion found a Rule 4-1.7 conflict even though the contracted services did not involve hearings, and barred representation of others before the agency and litigation opposing any state…
Could a lawyer credit an existing client's account for referring a new client?
No. The opinion found that even a small credit for a client referral violated Rule 4-7.2(c)'s ban on giving value in exchange for recommending the lawyer.
Could an insurance agent collect will information for a lawyer and send the customer to sign a prepared will?
The opinion rejected the proposed arrangement for solicitation, confidentiality, or both, with an additional unauthorized-practice issue if the agent selected the estate plan. It allowed a general…
Did a lawyer's general firm-change notice to former clients need Rule 4-7.3 advertising language?
No, if the letter or announcement merely notified former clients of the firm change. The opinion said the language was required when the lawyer also addressed a particular matter the former client…
Could a lawyer serving as an officer and adviser to a business use the title 'of counsel' there?
The opinion allowed identification as counsel if the lawyer actually served in that role, but rejected 'of counsel' because it misleadingly suggested that the business was a law firm.
Could a newly incorporated solo practice name former firm members and claim the predecessor's founding year on letterhead?
No. The opinion said the proposed references to the predecessor firm's members and its founding year would violate Rules 4-7.1 and 4-7.5.
What problems did the opinion identify in a direct-mail solicitation letter about compensation?
The opinion required ready public verification for compensation claims, found the 'fair compensation' claim potentially misleading, required a conspicuous costs notice, and distinguished personal…
Could a client agree to pay a fixed fee or another firm's fee from personal-injury proceeds?
Yes. The opinion approved each proposed arrangement if the client agreed, including withholding a fixed sum, delaying payment on a note, or paying another firm's fee from the proceeds.
Could one lawyer represent grandparents seeking guardianship and the child's mother in a related custody action?
Only if their interests and goals had no actual conflict and each consented after full disclosure. The opinion said a later actual conflict would likely require withdrawal from all representations.
Did a worker's discussion with another lawyer in the employer's firm create a conflict in a compensation case?
If the claimed conversation occurred, the opinion found a Rule 1.9(a) firm conflict requiring withdrawal unless the worker consented. It said screening was unavailable in a Missouri private firm.
Could a former prosecutor and former assistant's firm represent a defendant whose warrant issued during their tenure?
The former prosecutor was disqualified despite no personal knowledge; the former assistant was not on the stated facts and could proceed if the prosecutor was screened under Rule 4-1.11. Client…
Could a lawyer send charity members an estate-planning letter with the charity's brochure?
Yes, with the conspicuous advertising-material disclaimer required by Rule 4-7.3(a). The opinion treated the letter as a solicitation and identified no other apparent rule violation.
Could an estate lawyer testify about a deceased husband's information in a challenge to asset retitling?
Information from sole representation of the surviving wife could be disclosed, but the deceased husband's confidential information required the confidentiality issue to be fully raised and a court…
What must a firm determine before representing a client against a spouse previously represented by a partner?
Under Rule 4-1.9(b), the firm had to determine whether any member obtained confidential information in the former representation that could be used to the former client's detriment. The opinion…
What did this superseded opinion say about a solo lawyer using 'Law Firm' in a practice name?
The original answer barred the term under Rule 4-7.1 as misleading, but the official source labels it 'No longer valid' and points to contrary Informal Opinion 950232.
Could a former judge represent a party in a later family proceeding related to a matter the judge handled?
Only if both parties consented after disclosure. The opinion applied Rule 4-1.12 to later enforcement or modification proceedings related to three matters the lawyer had handled as judge.
Could a former assistant prosecutor represent another party in a zoning case once handled for the county director?
The opinion found a Rule 4-1.11(a) conflict even though the new representation was not adverse to the former client. It required the former client's consent after full disclosure.
What must a lawyer check before taking an unrelated case against a former litigation client?
Assuming the matters were not substantially related, the opinion identified a possible Rule 4-1.9(b) conflict and required determining whether information from the former representation could be…
What obligations did a lawyer have when joining an insurance agent's estate-planning seminar and hiring that agent?
Before the seminar, the lawyer had to ascertain that the agent's advertising was not false, misleading, or deceptive. Hiring the agent to help fund a client's trust was permitted with informed…
Under this historical opinion, which government employees could opposing counsel contact ex parte?
The opinion applied Rule 4-4.2 to bar contact with managerial employees and to condition nonmanagerial contact on imputation and binding-admission limits. Its source warns that the rule and comments…
Did ethics rules require counsel to report an uninsured judgment debtor to the Department of Revenue?
No general reporting duty was identified. The opinion said a report would not violate the professional rules and that the decision was to be made with the client, except insofar as reporting served…
Could one lawyer represent two divorce clients when one client's spouse might be involved with the other's spouse?
The opinion found no current conflict but identified potential conflicts, including information from one client useful to the other. It called for full disclosure and waivers from both clients…
Could a former judge represent a party in an estate or divorce matter after judicial action in it?
Only if all parties consented after disclosure. The opinion applied Rule 4-1.12 both to a contested estate after the judge signed letters of administration and to modification of a divorce decree…
Could a lawyer assess a direct-mail recipient's ability to exercise judgment only after the recipient responded?
No. Under Rule 4-7.3(c)(1), the opinion required the lawyer to assess the recipient's physical, emotional, or mental state before initiating any communication.
Under this historical opinion, could counsel interview a former management employee of an opposing party ex parte?
No. The opinion applied Rule 4-4.2 to bar the interview based on the witness's role at the time of the incident, but the official page warns that the rule and comments on former employees later…
Could a law firm create a separately named specialty subsidiary receiving profits through the parent?
Yes. The opinion found no rule violation, but required communications about either firm to disclose their relationship and treated each firm's conflicts as conflicts of both.
Could a prosecuting attorney represent a custodial parent when child-support enforcement was also a party?
Yes, if their interests were not adverse. The opinion identified a conflict if a dispute arose between the parent and enforcement division, such as over who was entitled to recovered funds.
After claims against former employee defendants were dismissed, could opposing counsel contact them without their lawyers?
The opinion said no under Rule 4-4.2; counsel could contact them through their own lawyers, and contact agreed to by those lawyers would not violate the rule. The official source warns that…
Did ethics rules require a lawyer to disclose an adverse expert opinion in a workers' compensation case?
If discovery and other applicable disclosure requirements did not apply, the opinion found no ethics-rule duty to disclose. It still barred express or implied claims to counsel or the tribunal that…
Must a lawyer report opposing counsel who continued settlement and discovery after the client's death without disclosing it?
Yes. The opinion applied Rule 4-8.3(a) and said the reporting lawyer could ask not to be treated or identified as a complainant under Missouri Supreme Court Rule 5.
Could a suspended lawyer coach a self-represented trial party on evidence rules for that party's case?
No. Because the coaching would prepare the individual for a specific pending case, the opinion classified it as unauthorized practice of law.
Which city-related matters could a council member's firm handle, and could a former partner continue them?
The opinion generally allowed cases with city police witnesses, but barred cases adverse to the city and municipal defense. Screening or fee segregation did not cure those conflicts; a former…
Did serving as prosecutor for one city and judge for another in the same county itself create a lawyer-ethics conflict?
The opinion found no conflict from that general arrangement under the lawyer rules, while recognizing possible case-specific conflicts. It expressly left judicial-conduct questions to the judges'…
Must a lawyer report another lawyer who used the first lawyer's signature to appear in a state where the other lawyer was unlicensed?
Yes. On the stated facts, the opinion required a report to the Chief Disciplinary Counsel under Rule 4-8.3(a).
Could an investigator's undisclosed recording of a witness affect the hiring lawyer under the ethics rules?
Yes. The opinion answered that Rule 4-8.4(a) and (c) implicated the lawyer even when the investigator was an independent contractor and the lawyer had not directed how statements were taken.
Did a limited pro forma filing for a former client bar a later similar case that would harm that client?
Yes. The opinion found a Rule 4-1.9(a) conflict even though the earlier work was minimal; the former client could waive it after full disclosure.
What did this historical opinion require when a third party disputed arbitration funds held in trust?
After a reasonable opportunity for the parties to resolve the dispute, the opinion said the lawyer had no option but to interplead the funds. The official page says its Rule 4-1.15 analysis predates…
Could a lawyer who left a firm practice from home while continuing to use the firm's letterhead?
The opinion permitted home practice but allowed firm letterhead only with an active firm relationship and a genuine firm practice location. After complete withdrawal, the lawyer had to use the home…
Did a shared municipal judge create a conflict for a city prosecutor defending cases in another city?
No, on the stated facts. The opinion assumed the prosecutor and judge had only the ordinary lawyer-judge relationship; a closer relationship would create a conflict.
Could a lawyer issue title abstract opinions as an abstract-company employee or for a title insurer?
The opinion rejected client opinions through an abstract-company job but allowed independent client work on unpaid referrals and employment to advise a title insurer as the client.
Could defense counsel continue for one codefendant after discussing case facts with the other?
No. The opinion treated the discussion as creating an attorney-client relationship with the other codefendant and required withdrawal from the first defendant's case under Rule 4-1.9(a).
Did Rule 4-3.7 bar trial counsel from testifying only about a prior statement on attorney fees?
Not if testimony was limited to the lawyer's statement to the court about whether the client sought fees. The opinion left other testimony and the court's disqualification discretion open.
Could a former prosecutor defend unrelated cases or sue a local officer over official conduct from the prosecutor's tenure?
The opinion found no conflict in unrelated criminal defense on the stated facts, but found a nonwaivable conflict in suing a municipal officer over official conduct during the prosecutor's tenure.
Could a lawyer keep pending criminal defense cases after becoming an assistant or case-specific special prosecutor?
The opinion barred state-court defense for an assistant prosecutor under Rule 4-1.7(a), with an additional firm conflict under Rule 4-1.10 if the prosecutor remained a member. A case-specific…
Could a former assistant prosecutor defend a case in which the lawyer filed the felony charge but had little further involvement?
No. The opinion applied Rule 4-1.9, barred representation in the filed-charge case, and said the state could not waive the conflict.
Could defense counsel attend a witness's interviews with police or prosecutors at the witness's request?
Yes, solely to represent the defendant. The opinion required clear notice that counsel did not represent or advise the witness, directed referral to separate counsel for personal advice, and called…
How did the opinion assess an ad claiming defense against 'unjust' claims and total damages recovered?
It said 'unjust' was probably not readily verifiable under Rule 4-7.1(e) and that a general total-recovery claim usually created unjustified expectations under Rule 4-7.1(c). The remaining ad was…
Could a suspended lawyer remain counsel in a case with no expected activity during a six-month suspension?
No. The opinion required withdrawal under Rule 5.25 and said reinstatement after the suspension period was not automatic under Rule 5.26.
Could county special counsel defend local criminal cases and pursue a zoning case against the county?
On its assumption of case-specific special counsel with no ongoing county relationship, the opinion found no conflict in either matter. General counsel would have to withdraw from the zoning case;…
Could a lawyer who represented a husband in divorce later represent the wife in modifying child support from that case?
Only if the former husband consented after full disclosure. Otherwise, the opinion said the wife's representation would violate Rule 4-1.9(a).
Under this historical opinion, could counsel use a newspaper ad to solicit contact from former nonsupervisory employees of a corporate defendant?
The opinion said nonsupervisory status and employee-initiated contact alone did not avoid Rule 4-4.2; employees whose admissions bind the employer or whose acts are imputable could still be off…
Could a lawyer pay a nonprofit referral service a percentage of fees from a referred case?
Yes. The opinion cited Rule 4-7.2(c)'s allowance for the usual charges of a nonprofit lawyer referral service or other legal-service organization.
Did this historical opinion permit ex parte contact with former nonmanagement employees?
It gave no definite answer because the facts were insufficient and Rule 4-4.2's employee categories raised legal as well as ethics issues. The official page warns that former-employee guidance later…
Could a mayor's law firm defend municipal cases, sue the city, or represent the city?
The opinion barred municipal defense and suits against the city. It allowed firm members to represent the city only if the mayor took no part in choosing their services and received no share of those fees.
Could a lawyer send an investigator to contact witnesses whom the lawyer could not contact ex parte?
No. The opinion applied Rules 4-5.3 and 4-8.4(a) to prohibit directing or permitting an agent to do what Rule 4-4.2 barred the lawyer from doing.
Browse Office of Legal Ethics Counsel & Advisory Committee of the Supreme Court of Missouri opinions by topic
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.