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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Could a prosecutor or assistant handle a criminal investigation related to the prosecutor's civil client?
The opinion said neither the prosecutor nor assistants could handle the criminal matter; only a special prosecutor could. It said withdrawing from the civil case was too late to cure the conflict.
Did the title general counsel create different professional duties than legal or corporate counsel?
The opinion said no: actual duties depended on the lawyer's role, regardless of title. It suggested reconsidering a title that might mislead people within the organization about that role.
Could a lawyer's professional corporation use only its trade name on letterhead while using both names in advertising?
The opinion said Rule 4-7.1 required both the trade name and professional-corporation name on letterhead as well as advertising.
Could the first lawyer receive 10% of a one-third fee after an associated out-of-state lawyer tried the case?
On the stated facts, the opinion found that a 10%/90% division between the two lawyers would not violate Missouri Rule 4-1.5(e).
Could a fee agreement require binding arbitration of every dispute, including malpractice claims?
The opinion found that a fee agreement requiring binding arbitration of any dispute, including malpractice claims, would not violate the Rules of Professional Conduct.
Must a prosecutor seek a special prosecutor because of social and former-client ties to the victim?
The opinion said no, unless those relationships would affect the prosecutor's independent exercise of discretion.
May law firm staff use business cards?
The opinion said yes, if the staff business cards are truthful and not misleading.
Could a state agency lawyer privately represent a person against the state or another state official?
The opinion said no to the proposed private representation against the state, another state agency, or a state official.
Did a firm's ongoing juvenile-office representation conflict with criminal defense work?
The opinion found a conflict for the lawyer and firm under the ongoing annual-fee arrangement, but distinguished case-by-case appointments from blanket disqualification.
Was written consent enough when a lawyer for a corporation proposed suing its controlling corporation?
The opinion identified a conflict and said the lawyer should ensure full disclosure to each client, awareness of the option for independent counsel, and written documentation in addition to the waiver.
Was the contingent-fee cost disclaimer required even when the lawyer would not charge costs after a loss?
The opinion said the disclaimer was required under Rules 4-7.2 and 4-7.3, and the lawyer could explain that costs would not be charged despite the required disclaimer.
Could a municipal prosecutor also serve as judge for another municipality in the same county?
The opinion said yes, and said the lawyer should seek the judicial commission's opinion on the Code of Judicial Conduct.
Could a lawyer handle isolated juvenile-officer cases while defending adults in criminal cases?
The opinion said yes because the juvenile-officer representation occurred only from time to time on isolated cases.
Could a lawyer call businesses with no prior relationship to offer a firm resume?
The opinion said those telephone contacts were prohibited under the limited personal-contact solicitation exceptions in Rule 4-7.3(b).
When did former guardian ad litem work conflict with later representation?
The opinion found the bank matter nonconflicting under Rule 4-1.9(a) absent usable confidential information, but found a conflict in the later custody-order modification matter.
What did the opinion say about disputed proceeds claimed by a health care provider?
If the lawyer was not party to the provider agreement, the opinion allowed payment to the client or holding the funds; if the lawyer participated, it required holding them and, if unresolved in…
Could a lawyer offer a free estate-planning seminar and limit a free consultation to attendees?
The opinion allowed the free seminar without solicitation, but said the advertised free consultation could not be limited to attendees.
Could a lawyer give a testimonial to another business in hope of client referrals?
The opinion warned the uncontrolled testimonial might mislead under Rule 4-8.4(c) and found that giving it for referrals violated Rule 4-7.2(c).
Could a lawyer send an unrepresented spouse an entry of appearance and instructions to sign it?
The opinion allowed the contact under Rules 4-1.7 and 4-4.3 if the cover letter made clear whom the lawyer represented and advised the spouse to consult independent counsel with questions.
What did the opinion require after a client obtained confidential documents from opposing counsel's staff?
The opinion said to ask the client's permission to notify opposing counsel how the documents were obtained; without consent, the lawyer should withdraw and return the documents to the client.
Must an occasional consultant be named in another lawyer's advertisement?
The opinion said neither the consultant nor the consultant's firm had to be named; the other lawyer had to obtain client consent and check conflicts before bringing the consultant into a matter.
Could a prosecutor represent a claimant against a state agency in a workers' compensation case?
The opinion said no because that representation would be a conflict of interest.
What duties applied when a title company paid a lawyer to serve members of the public?
The opinion required Rule 4-1.8(f) procedures, independence under Rule 4-5.4, and recognition that each member of the public became a client for confidentiality and conflict purposes.
Could members of a city counselor's firm defend municipal ordinance cases using a screen?
The opinion said no under Rule 1.7(a), and said screening did not resolve the conflict because the rules allowed it only for successive government and private employment.
Did radio and television ads require a recipient mental-state check, and could insurer counsel contact a represented opponent?
The opinion said the mental-state check did not apply to general advertising under Rule 7.2, and Rule 4-4.2 barred direct contact with a represented opponent about the matter.
Could a former prosecutor represent A against B after filing a child-support withholding motion at B's request?
The opinion said no; the proposed child-support and custody modification representation would violate Rule 4-1.9.
Which lease-review activities could a lawyer's general business corporation perform?
The opinion distinguished checking that a lease reflected the business deal from assessing adverse terms, inserting clauses, or commenting on them; the latter activities were law practice a general…
Could a lawyer contact a litigant corporation's parent or upstream shareholder directly about settlement?
The opinion barred direct contact with the parent under Rule 4-4.2, allowed contact through its counsel, and allowed direct contact with the upstream shareholder unless it controlled the parent.
Could a lawyer co-sign a consumer loan for a personal-injury client?
The opinion said co-signing the proposed loan would violate Missouri Rule 4-1.8(e).
Could a legal aid office represent one party after both sides sought its help in a domestic-relations case?
In either application sequence, the opinion allowed representation of a qualifying party only through a contract lawyer with no access to the other party's intake information.
Could a marketing firm mail lawyer-signed solicitation letters using a police-report database?
The opinion said the proposed system inherently violated Rules 4-7.3(c) and 4-5.3 because the lawyer had to assess solicitation exceptions and supervise the nonlawyer agent.
Did a quickly earned advance retainer still have to be kept in a trust account?
Under the rule version addressed, the opinion required a trust account even for a short holding period and an IOLTA account if interest-bearing unless interest could be paid to the individual client.
Did a prosecutor's office face a conflict in cross cases where each defendant was a witness in the other case?
The opinion found no office conflict and allowed witness preparation without defense counsel present, while saying counsel should have an opportunity to attend and the other case should be kept out…
Could a lawyer owning over 5% of a corporate client prospectively limit negligence liability if it had independent counsel?
The opinion said no; the proposed liability-limiting contract was prohibited by Rule 4-1.8(h).
Did a discharged contingent-fee lawyer violate the rules by offering to accept less on an asserted lien?
The office found no violation on the information available and declined to decide the factual reasonableness of the asserted fee in an informal opinion.
Could a contingent fee include interest earned on verdict proceeds held in the court registry?
The opinion said yes if the written contract clearly provided for it under Rule 4-1.5(c), with interest calculated according to whether the agreed fee used gross or net recovery.
Which referrals and follow-up contacts from a lawyer's other business did the opinion permit?
The opinion distinguished an independent referral from prohibited in-person or phone solicitation, allowed some mail only if Rule 4-7.3(c) exceptions did not apply, and required the law practice to…
When could a legal services program assign one lawyer to both parents in a juvenile matter?
For a potential conflict, the opinion required full disclosure and both parents' consent. If an actual conflict arose, the lawyer had to withdraw from both; when a conflict existed, the program…
Could a lawyer give a second opinion to someone already represented in a pending matter?
The opinion said yes, if the represented person initiated the contact.
Could an employee's lawyer call the employer-requested examination physician about a promised report?
The opinion said the limited status inquiry, without substantive discussion and under the stated circumstances, did not violate the Rules of Professional Conduct.
Could a lawyer for H in criminal cases later represent H's former spouse against him in a custody case?
Public-record knowledge alone did not disqualify the lawyer, but the opinion required the lawyer to review whether confidential information from representing H could disadvantage him; if so, the…
Could government agency staff lawyers defend ticketed employees when the agency favored a particular defense?
The opinion found a conflict and said the government agency could not waive it.
What did the opinion permit when a lawyer for a conservator suspected estate-fund misappropriation?
The opinion treated the information as confidential under Rule 4-1.6, required an attempt to persuade the conservator to remedy it, and directed withdrawal and unexplained return of the check to…
Could an out-of-state lawyer residing in Missouri practice there under visiting-attorney Rule 9.03?
The opinion said no to the proposed practice by a Missouri resident not licensed in Missouri.
How did the opinion direct a firm to handle trust-account funds it could not fully identify?
The opinion required separate trust holding and continued tracing; amounts tied to files needed interest accounting, and untraced amounts could not go to the firm without proof they were firm funds.
Could a lawyer leave a brochure for clients and customers at other businesses?
The opinion approved the submitted brochure and the stated distribution if the lawyer paid nothing of value to the other businesses, while cautioning against prohibited in-person solicitation.
Must a public defender leave a second case after the client alleges ineffective assistance in the first?
The opinion found a conflict and said the defender had to seek withdrawal unless the client consented after full disclosure and independent-lawyer advice; another public defender office could…
Did Rule 4-8.3(a) require reporting a lawyer who appeared for a subpoenaed nonparty witness during a deposition?
The opinion made reporting conditional: if the appearance created a conflict of interest, the observing lawyer had to report the conduct to the Legal Ethics Counsel office.
Could a lawyer sue a county while a partner represented its industrial commission?
The opinion found a conflict, but said the partner's withdrawal from the County Industrial Commission representation would eliminate it.
Did a former adoption and dissolution matter require withdrawal from a new spouse's divorce case?
The opinion identified Rule 4-1.9 as the framework but declined to resolve the factual dispute or decide withdrawal, directing the issue to the court handling the case.
Could passengers waive a potential conflict when a mother and child were involved in the same accident?
The opinion allowed waiver of the potential conflict, said an independent person should act for the child, and required withdrawal from all clients if an actual conflict developed.
Could a lawyer sue a nominal plaintiff in another case while representing that person?
The opinion said no: filing suit against that current client created a Rule 4-1.7(a) conflict even though the client was only a nominal plaintiff.
Could a former guardian ad litem represent that person's guardian and conservator?
The opinion said that representation was a conflict under Missouri Rule 4-1.9.
Could spouses in separate law firms appear on opposite sides of a case?
The opinion required the husband's prospective client's informed consent for his own adverse case under Rule 4-1.8(i), but said other firm members were not disqualified and should disclose the…
Could a lawyer be a partner in two firms handling different work?
On reconsideration, the opinion permitted the arrangement if both firms appeared on each firm's public communications under Rule 4-7.1 and the firms were treated as one for conflicts.
Could a part-time city attorney defend a felony charge arising inside the city?
The opinion said no to the proposed local felony defense.
Could counsel for a corporate opponent contact a former employee's own lawyer about speaking with the employee?
The opinion said yes to contacting the former employee's own lawyer for permission on the stated facts.
Could a partnership's letterhead omit its component professional entities, and could a law firm be an LLC?
The opinion required identifying the professional corporations and LLCs along with the partnership name on letterhead and said a law firm could be an LLC.
Could a lawyer advertise and hold a free seminar on legal issues?
The opinion said the newspaper-advertised seminar did not violate the rules, but warned against solicitation during it under Rule 4-7.3(b).
How did the opinion address a nonlawyer adviser's involvement in a client's real estate transaction?
It said the lawyer should not advise the nonlawyer because that would create a conflicting client relationship, should report the concern and advise the client, and could continue only if the…
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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.