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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What happened to opposing pending cases when two adverse lawyers formed one firm?
Both lawyers had to withdraw unless both clients consented to one lawyer continuing for one side; both could not remain. A guardian ad litem appointment also had to end, while a separate former-firm…
Could a firm display its initials on signs, stationery, business cards, and other materials?
Yes. The opinion approved the firm's proposed use of its initials on signs, napkins, cups, business cards, stationery, and similar items.
Could a contingent fee contract say the client will not unreasonably refuse a reasonable settlement?
Yes. The opinion allowed the clause but said it did not let the lawyer decide reasonableness alone or settle without the client's express authority.
How did the opinion assess a free-living-will seminar ad calling living trusts 'revolutionary' and 'risk-free'?
The free-will invitation itself did not violate the rules, though it raised a possible in-person solicitation concern. The opinion questioned the accuracy of 'revolutionary' and 'risk-free' for…
What must counsel assess before bringing a worker's claim against a company the lawyer formerly represented?
Under Rule 1.9(b), the lawyer had to determine whether the lawyer or any firm member obtained information from the former company representation that could be used to its detriment. The opinion said…
Could a lawyer represent an accident plaintiff when a firm partner witnessed the accident?
Yes. The opinion said Rule 4-3.7(b) might permit representation even if the partner testified, but required the lawyer to ensure neither lawyer's personal interests impaired professional judgment…
Could a lawyer for two companies join the board of their new joint venture?
Yes. The opinion allowed the board seat but required the lawyer to explain to both clients that the role would prevent representation of either in disputes arising from the venture.
Could a lawyer distribute an approved brochure through the office and other businesses?
The opinion approved the brochure and described distribution, provided nothing of value was paid to other businesses. It did not approve uses that amounted to prohibited in-person solicitation.
Could lawyers share an office suite with a separate corporation in which they owned interests?
The opinion found no Rule 4-5.4 violation in the described arrangement, but required disclosure of lawyer-to-company referrals, barred company-to-lawyer in-person solicitation, and required…
Could a nonresident lawyer who paid Missouri's Rule 6.01(d) category-three fee practice in Missouri?
No. The opinion said that fee category was available only to lawyers who neither resided nor practiced in Missouri.
Could a lawyer's separate business corporation solicit legal clients for the lawyer?
No. The opinion treated every corporation-to-lawyer referral as prohibited in-person solicitation under Rule 4-7.3(b). Lawyer-to-corporation referrals required full relationship disclosure, client…
Could counsel represent a company and one shareholder after an opposing shareholder counterclaimed against that shareholder?
No. On the stated facts, the opinion found a conflict and required the lawyer to withdraw; it did not identify a numbered rule or describe a cure.
What did this historical opinion say about unpaid enrollment fees versus inactive status?
It distinguished suspended/delinquent status after nonpayment from voluntary inactive status by notice to the Supreme Court clerk. It described payment and reinstatement procedures, including a…
Did a personal-injury ad offering a free consultation need a contingency-fee disclaimer if it never mentioned contingent fees?
No. The opinion said Rule 4-7.2's contingency-fee disclaimer was unnecessary if the ad did not refer to a contingent fee or equivalent wording, even though the lawyer would accept such cases.
Could a lawyer testify when subpoenaed about a former client's possible fraud in an administrative hearing?
Without the former client's consent, the opinion required an administrative-law-judge order after confidentiality under Rule 4-1.6 was fully raised. It called for an order as limited as possible and…
Could a county commission lawyer's firm defend criminal cases or represent municipalities?
The opinion barred criminal defense in the county, allowed it in other counties, and allowed representation of municipalities within the county if their interests did not conflict with the county's.
Could a corporation indemnify in-house counsel against malpractice claims from work for the company or its employees?
Yes, under the specific facts and relationships stated. The opinion approved the proposed resolution under Rule 4-1.8(h), including defense fees and any judgment, without broader analysis.
Could a Texas lawyer negotiate from Texas with an insurer about a Missouri accident without a Missouri license?
Yes, if negotiations stayed in Texas and the lawyer did not misrepresent the ability to file suit in Missouri. The question assumed Missouri counsel would be affiliated if suit became necessary.
Under this historical opinion, could counsel contact former employees whose conduct might be imputed to an opposing party?
No. Relying on Pitts and Rule 4-4.2, the opinion treated employee function, rather than current or former status, as decisive. The official source warns that former-employee rule guidance later…
Could a lawyer send a prejudgment-interest demand directly to a represented defendant?
The opinion directed counsel first to ask opposing counsel to accept notice. Direct service was allowed if counsel refused, but barred if counsel agreed to receive it.
Could a lawyer pay a nonprofit service program a percentage of fees and allow it to inspect client billing records?
No percentage fee was permitted under Rule 4-5.4(a); a flat billing-service fee was allowed. Records access raised Rule 4-1.6 problems unless clients consented in advance after full advice about…
Could divorce counsel advise a client to volunteer evidence in the spouse's separate Social Security disability case?
Yes. The opinion gave that answer to the stated question without further conditions or reasoning.
Did an informational law newsletter to clients and prospects need an advertising disclaimer?
The opinion treated it as Rule 4-7.2 advertising, but not Rule 4-7.3 targeted advertising unless it dealt with an individual prospect or situation. A contingent-fee disclaimer applied if relevant;…
Which matters could a former assistant defender prosecute after joining the prosecutor's office?
Rule 4-1.11 barred prosecution of pending defender-office cases if the lawyer personally and substantially participated, including access to confidential information. Rule 4-1.9(b) barred…
Which criminal defendants could a former prosecutor represent, and did a prior divorce consultation affect later representation?
The opinion barred two categories of defense tied to the former prosecutor's county and allowed out-of-county conduct only without office involvement. It also barred representing either divorce…
Could firm lawyers defend municipal defendants while a partner advised that city by contract?
No. The opinion found a nonwaivable Rule 4-1.7(a) conflict because the city was a governmental client and separately pointed to possible statutory conflicts without deciding them.
Could a county prosecutor represent the county commission when the sheriff sued it?
No. The opinion found a conflict that could not be waived because the dispute involved governmental entities and officials.
Did a Social Security contingent-fee ad need Rule 4-7.2's expense disclaimer when clients would not owe expenses after an unsuccessful case?
Yes. The opinion required the rule's disclaimer despite that arrangement and allowed an additional explanation of Social Security law and the client's actual expense obligation.
Could a lawyer call someone referred by a financial planner who received no referral payment?
The unpaid referral raised no Rule 4-7.2(c) problem, but under Rule 4-7.3(b) the opinion said the referred client should initiate contact with the lawyer.
What client information could a firm disclose to an agency collecting delinquent legal fees?
Names, addresses, amounts due, and service descriptions were generally disclosable unless clients reasonably expected confidentiality. File contents and other client information were disclosable…
Could one lawyer keep traffic and injury clients from the same incident if they consented?
Yes, at the negotiation stage after full disclosure and both clients' consent. If suit would put them on opposite sides, the lawyer had to withdraw from both unless both consented to continued…
Could injury counsel contact a defendant directly about a coverage case while that defendant had counsel in the underlying tort case?
Yes, while the defendant remained unrepresented in the declaratory-judgment action. Rule 4-4.2 would apply once counsel was retained for that case, even before an appearance was filed.
Could a former judge returning to law practice state retired-judge status on cards or letterhead?
Yes under this lawyer-ethics opinion. It expressly declined to decide the Code of Judicial Conduct question and directed inquiry to the judicial commission.
Did former status alone permit ex parte contact with an opposing party's employees under this historical opinion?
No categorical answer followed from former status alone. The opinion applied Rule 4-4.2's comment and Pitts rather than a current-versus-former distinction; the official page warns that guidance…
Could trial counsel contact former jurors and ask them to sign an affidavit?
The opinion identified no professional-rule ban on the contact. It said jurors had no duty to speak or cooperate and warned against conduct or questioning that might be viewed as harassment.
Did prior representation of an opposing party create a conflict in a new case?
Under Rule 4-1.9(b), the opinion found a conflict if the lawyer obtained information during the earlier representation that could be used to the former client's detriment in the new case.
Could a lawyer use an imminent trial case's proceeds or an assignment of its claims to pay fees owed in other cases?
No. The opinion rejected both an agreement to use the proceeds beyond a statutory lien and an assignment of the client's claims for fees owed in other cases.
When did law-firm announcements, brochures, and newsletters need fee or advertising disclaimers?
The submitted materials fell under Rule 4-7.2 or 4-7.3, with a contingent-fee disclaimer if they mentioned such fees. The advertising label applied only for a recipient known to need the services in…
Could defense counsel interview a juror after an opposing party alleged misconduct?
The opinion identified no professional-rule prohibition. It said the juror could decline to speak and cautioned counsel to avoid conduct or questions that might be viewed as harassment.
Could counsel pay a treating physician from settlement funds without the client's consent when the trust account faced garnishment?
The opinion permitted payment only with client consent. If consent was withheld and the claim persisted, it required interpleader and barred removal of trust funds without consent except under an…
Did a lawyer's free legal book and offer letter count as advertising, and when was a disclaimer needed?
Both the letter and book distribution counted as advertising. Rule 4-7.3(a)'s label was unnecessary unless sent to someone known to need the offered legal services in a particular matter.
Could a lawyer pay for a business-association directory listing that described practice areas without claiming specialties?
The opinion accepted the described format, which carried no association endorsement. It left the acceptability of each lawyer's actual advertisement content to separate review.
Could a lawyer use set fees with brief, intermediate, and extended service levels?
The opinion said Rule 4-1.5 permits the proposed schedule if the fees are reasonable. Rule 1.4(b) requires the lawyer to explain the service-level terms adequately to clients.
Could a lawyer's certified-mail service cover letter explain the effect of action requested from an unrepresented opposing party?
The opinion permitted a letter explaining what was enclosed and requested, but said explaining the effect of the recipient's action would be legal advice violating Rules 4-1.7 and 4-4.3.
What disclosure and judgment did the opinion require when an estate lawyer offered a client life insurance?
The opinion said the lawyer appeared to meet Rule 4-1.8(a) except for expressly disclosing the commission or other financial interest. Rule 4-1.7(b) would be violated if the recommendation rested on…
Did an out-of-state lawyer engage in unauthorized Missouri practice by preparing, executing, and recording a deed?
The opinion answered no, provided all of the work was done in the other state.
What did the opinion say a trustee should do with a deceased lawyer's closed client files?
It said Rule 5.24 allows a trustee to wind up the deceased lawyer's practice, including the bankruptcy trustee if appointed, and the appointed practice trustee should try to return the files to clients.
Did a mother's changed position in a guardianship case require withdrawal from that case and her separate injury case?
The opinion required withdrawal from the guardianship matter under Rule 4-1.7 because the family would consider the lawyer their counsel there. It did not require withdrawal from the mother's…
Could a lawyer jointly represent parents and their injured child if parental comparative negligence might arise?
The opinion found a Rule 1.7 conflict. Joint representation required a determination that neither relationship would reasonably suffer and informed consent, including consent for the child from a…
Could a corporation's lawyer represent one shareholder against another in a corporate-assets suit?
The opinion said no without both shareholders' consent because the lawyer's prior corporate work was extensive enough that the lawyer was also viewed as representing both shareholders.
Did representing an estate client conflict with a former DWI client likely to testify adversely?
Under Rule 4-1.9(b), the opinion found no conflict unless the lawyer had obtained confidential information in the DWI representation that could be used to the former client's disadvantage in the…
Could city general counsel who backed up the city prosecutor take criminal defense cases outside the city?
The opinion said yes when the cases arose outside city boundaries and city personnel had no part in investigation, arrest, or detention.
Could defense counsel or an investigator question prosecution-endorsed witnesses without the prosecutor?
The opinion said yes. Witnesses who were not the lawyer's clients had to understand that the lawyer did not represent them and that they should seek independent counsel for legal questions.
When could a lawyer rely on one person or a referring lawyer to authorize representation of others?
The opinion required direct verification or authorization for co-owners, business owners, partners, and a son named by his father, with a narrow emergency exception. It allowed reliance on a…
Must a lawyer disclose a client's home address when a judge requests it?
The opinion said no because the address was confidential under Rule 4-1.6. If the judge ordered disclosure after confidentiality was fully presented, the lawyer could comply without appealing.
Could a lawyer generally accept credit cards for payment of fees?
The opinion answered yes as a general rule, without approving every implementation. It said Formal Opinion 112's former fee-splitting prohibition had been withdrawn in 1982.
Could a lawyer share fees earned during a partnership with a former partner who had become a judge?
The opinion permitted sharing to the extent the fees were earned during the partnership, apportioned under the partnership agreement. It suggested the former partner might seek a Judicial Commission…
Could a divorce lawyer prepare an entry of appearance for the unrepresented opposing spouse?
The opinion permitted a very simple entry and a cover letter with clear representation disclosures, but prohibited drafting a responsive pleading for the opposing spouse.
Did a mailing to former estate-planning clients about updating their plans need the prospective-client solicitation disclaimer?
The opinion said no when the lawyer followed up on earlier representation in the same matter. It said the requirement might apply to a former client in another situation, depending on the circumstances.
Could counsel to a government official sue another government official in private practice?
The opinion said no, finding a conflict of interest under Rule 4-1.7.
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.